Digital Product User Agreement
When you (the “Purchaser”) download digital content from our platform (the “Platform”) provided by us (the “Provider”) or any creative marketplace, you agree to be legally bound and to abide by the terms and conditions set out in this Digital Product User Agreement (the “User Terms” or “Agreement”).
1. Effective Date - These User Terms shall be effective on the first date the digital content (the “Product”) is downloaded from the Platform.
2. Product – The Provider agrees to provide access to all of the features as described for the specific Product on the Platform as of the Effective Date.
3. Limited License – By purchasing the Product, the Purchaser is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Product. All ownership rights in the intellectual property related to the Product remain with the Provider and the Purchaser may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Product without refund and may also result in legal action.
4. Copyright - The content of the Product is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Product, including modification, transmission, presentation, distribution, republication, or other exploitation of the Product or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
5. Product Registration (if applicable) – The Purchaser agrees to provide true, accurate, current and complete information as prompted by any registration or purchaser form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Purchaser is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account.
6. Fees – The fees for the Product shall be as set out on the Platform at the time of purchase and may be subject to change from time to time. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
7. Information about Minors – The Product site is intended solely for users who are 18 years of age or older. We do not knowingly collect personal information about any minor under 18. No such minor, nor any parent or guardian as it relates to such minor, should submit such minor’s personal information to us through our Platform or otherwise for any reason and under any circumstances.
8. Credit Card Authorization (if applicable) – By purchasing a Product with a payment plan or recurring fees, the Purchaser hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing fees or payments owing as determined by terms at the time of the Purchase.
9. Privacy – The Provider agrees to protect all personal information collected from the Purchaser for the purpose of providing the Product in accordance with applicable privacy legislation in the Province of Ontario and if applicable, the jurisdiction of the Purchaser. The Purchaser agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Product. The full privacy policy of the Provider is available here. In addition to receiving applicable Product correspondence via e-mail or other electronic communication, the Purchaser expressly consents to receive any marketing correspondence from the Provider upon purchase of the Product. The Purchaser may unsubscribe from any such marketing lists without affecting access to the Product.
10. Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, hosting platforms or any other technology used in the delivery of the Product being unavailable or unusable for any reason whatsoever. The Purchaser hereby agrees that they have the necessary Internet connection and other technology in order to download or otherwise use the Product.
11. LIMITATION OF LIABILITY. Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Product, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
12. DISCLAIMER OF WARRANTIES. The Product is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Product, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Product including, without limitation, the Providers provide no representation or warranty that (i) the Product will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Product will be corrected, (iv) that the hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Product at your own risk and liability.
13. RELEASE AND INDEMNITY. The Purchaser hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Product (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Product. The Purchaser will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Product or otherwise relating to this Agreement (including any breach by you thereof). The Purchaser will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Product or its content.
14. Governing Law and Jurisdiction. The Product is operated by the Provider within the Province of Ontario Canada. By accessing or using the Product, the Purchaser agrees that all matters relating to your access to, or use of the Product and its content shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Purchaser agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to their access to and use of the Product.
15. Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Products including cancellations or refunds of your Product fees, please e-mail us at info@awooddesign.ca.
16. Entire Agreement - This is the entire agreement between the Purchaser and the Provider relating to your access and use of the Product and the content therein.