This website is operated by Brand Me Gorgeous. Throughout the site, the terms “we”, “us” and “our” refer to Brand Me Gorgeous. Brand Me Gorgeous offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Brand Me Gorgeous, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Earnings Disclaimer
You understand and agree that this website and our products, programs, and services are intended to provide information and education to assist you in attaining your goals.
You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brand Me Gorgeous and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 10 Pine Drive, Homosassa , FL, 34446, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@brandmegorgeous.com
overview
Terms of use
Commercial License
Terms of use for
This Agreement (the “AGREEMENT”) is entered into effective this date, July 1st 2022 between Brand Me Gorgeous (“US”) and Purchaser (“YOU”). All references to the Purchaser in this Agreement shall pertain to the Purchaser and their business.
1. Order. These terms, together with the order referencing them, make up our commercial license agreement. The terms are all identified on the order.
2. Canvasess. This agreement covers the specific canvases also known as the Library, plus any new versions of canvases or specifically provides to the customer, while this agreement continues.
3. Modifications. The customer may make changes to the canvases, compile those changes, and created a changed versions of the canvases with a new share key as long as the version is not original and has more canvases within it that would create a finished end product for sale.
4. Billing.
(a) Charges.
The customer agrees to pay the fees at check out (in cart) at time the order is placed. And understands this is a digital download and no physical product will be given.
(b) Billing Errors.
You agree not to hold Brand Me Gorgeous any harm due to any billing errors by making a purchase through this website. You have the right to contact us regarding any errors and we will work together to correct the issue should one arise.
5. Term and Termination.
(a) Perpetual.
This agreement continues until one side or the other ends it.
(b) Termination.
Either side can terminate this agreement immediately if the other side breaches and fails to cure their breach within fourteen days of notice.
6. Use.
(a) Permitted Use.
Purchaser may use canvases to create finished products for sale with unlimited uses
Purchaser may edit and alter the design
(b) Prohibited Uses.
The Purchaser may not:
(i) sell, lease, license, or sublicense the canvases as is or Share Keys
(ii) allow access to the canvases by others not licensed under this agreement outside their business
(iii) share copies of the canvases or share keys, with with others not licensed under this agreement
(iv) make so little changes to the canvases that the design would still look original and be against the terms of this agreement
7. Licenses.
(a) Copyright License.
Brand Me Gorgeous still holds full Copyright Licenses to all designs
(b) No Other Licenses. Apart from the licenses in Section 7 (Licenses), this agreement does not license or assign any intellectual property rights.
8. Open Source.
(a) Open Source Compliance.
Some components of the canvases may be open source available under free, public licenses like images. If the public license terms for any open source component conflict with the terms of this agreement, only the public license terms apply to that component, not the terms of this agreement. If the license terms for any open source component require an offer of source code or other information related to that component, the Purchaser agrees to provide on written request.
(b) Dual Licensing. If any part of the canvases is or becomes available under a public license:
(i) While the Purchaser’s licenses continue, the purchaser and each authorized user must abide by this agreement, not the public license.
(ii) The Purchaser must abide by the terms of the public license for any canvas design not covered by this agreement.
9. Delivery.
(A) License Share Keys. If the design for a purchaser's client requires a share keys to function, the Purchaser agrees to recreate a new Share key first. The Purchaser may not upload the original share key into any clients account to keep the Share keys Under this agreement confidential business information.
10. Technical Support.
(a) Basic Support. During regular business hours, Brand Me Gorgeous agrees to respond to e-mail support requests from Purchaser or any authorized user about configuration of, use of, and problems with the product canvases. Brand Me Gorgeous does not agree to any specific service levels for response to support requests.
(b) Access. By the purchaser request, the purchaser agrees to give Brand Me Gorgeous access to personnel, systems, and information needed to respond to support requests if by chance Brand Me Gorgeous needs account access to correct any issue.
11. Warranties.
(a) Perform As Documented. Brand Me Gorgeous guarantees that the canvases will perform as described in its documentation while this agreement continues, except when:
(i) using older version of the canvases than the latest provided under this agreement
(ii) using the canvases with modifications
(iii) sing the canvases different from that required, according to the documentation
(iv) combining the canvases with other software or hardware in ways not described in the documentation as Showit is the only program all canvases will work in
12. Liability.
(a) Disclaimer. Section 11 (Warranties) sets out the only warranties that are provided for the canvases. The Purchaser disclaims any warranties the law might otherwise imply, like warranties of merchantability, fitness for any particular purpose, title, or non infringement.
(b) Unforeseeable Damages. Neither side will be liable for breach-of-contract damages they could not have reasonably foreseen when entering into this agreement.
(c) Liability Cap. Except for Section 12(d) (Uncapped Liabilities), neither side’s total liability for breach of this agreement will exceed the amount of fees Brand Me Gorgeous received from the Purchaser under this agreement during the twelve months before the first claim is made. This limit applies even if the side liable is advised that the other may suffer damages, and even if the customer paid no fees at all.
(d) Uncapped Liabilities. Section 12(c) (Liability Cap) does not apply to:
(i) the customer’s obligations to pay fees
(ii) the vendor’s obligations to indemnify the customer
(iii) liabilities the law requires to be unlimited
13. Indemnities. These indemnities apply as long as the customer has paid all licensing fees as required by this agreement:
(a) General Indemnity. Subject to Section 13(e) (Indemnification Process), the vendor agrees to indemnify the customer for legal claims by others alleging that the software infringes any copyright, trademark, or trade secret right, or breaks any law.
(b) Patent Indemnity. The vendor will not indemnify the customer for any claims by others alleging that the software infringes any patent.
(c) Scope of Indemnity. Throughout this agreement, to indemnify means to indemnify and hold the customer and its personnel harmless for all liability, expenses, damages, costs, and reasonable attorney fees, as well as to defend the indemnified party.
(d) Only Remedy. Both sides agree that indemnification will be the only legal remedy for claims covered by indemnity.
(e) Indemnification Process. Both sides agree that to receive indemnification under this agreement, they must give notice of any covered claim quickly, allow the other side to control investigation, defense, and settlement, and cooperate with those efforts. Both sides agree that if they fail to give notice of any covered claim quickly, indemnification will not cover amounts that could have been defended against or mitigated if notice had been given quickly. Both sides agree that if they take control of the defense and settlement of any covered claim, they will not agree to any settlements that admit fault or impose obligations on the other side without their signed, written permission.
(f) Repair, Replace, Refund. If the vendor or the customer receives written notice of a claim that the software infringes any intellectual property right or breaks any law, or vendor reasonably anticipates a claim of that kind:
(i) The developer may provide the customer a new version of the software that no longer infringes or breaks the law. That new version will be covered by this agreement. The customer will not pay any additional fee for the new version.
(ii) If the problem is infringement, the developer may get licenses for the customer so that the customer’s use of the software no longer infringes.
(iii) If the problem is illegality, the developer may get the approvals, licenses, or other requirements needed to abide by the law.
(iv) The developer may refund any fees the customer has prepaid under this agreement for time remaining in the term of this agreement, on a proportional basis, and end this agreement immediately by giving the customer notice.
14. Tax.
(a) Taxes on Fees. The customer agrees to pay all tax on fees under this agreement, except tax on the vendor’s income.
(b) Tax Withholding. If the customer is located outside the United States and local law requires the customer to withhold taxes on fees paid under this agreement:
(i) The customer agrees to make the required tax withholding payments for the vendor by deducting the right amounts from payments to the vendor and paying them to the proper tax authorities.
(ii) The customer agrees to increase the amount of each payment made under this agreement, to offset withholding, so that the vendor receives the full amount owed.
(iii) The customer agrees to give the vendor relevant official tax documentation and tax receipts showing that withholding was required and that proper withholding payment was made, as soon as possible after making any withholding payment.
15. General Contract Terms.
(a) Notices. Both sides agree to give notice under this agreement, the side giving notice must send by e-mail to the address the recipient gave with its signature, or to a different address given later for notices going forward, in the English language. If either side finds that e-mail can’t be delivered to the e-mail address given, the sender may give notice by registered mail to the address on file for the recipient with the state under whose laws it is organized.
(b) Governing Law. This agreement will be governed by the law of the jurisdiction of the address the vendor gives with its signature.
(c) No CISG. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this agreement.
(d) No UCITA. As far as the law allows, the Uniform Computer Information Transactions Act will not apply to this agreement.
(e) Dispute Resolution. The parties do not agree to mediation or arbitration of disputes related to this agreement.
(f) Enforcement. Only the parties may enforce rights under this agreement.
(g) Forum for Disputes. Both sides agree to bring any lawsuits related to this agreement in courts in the city nearest the address the vendor gives with its signature. Both sides consent to the exclusive jurisdiction of those courts and waive any objection that they would be an inconvenient forum for a lawsuit. Both sides agree that the other side can enforce judgments from those courts in other jurisdictions.
(h) Only Terms. Both sides intend the terms of this agreement, together with the order, as the final, complete, and only expression of their agreement about the software.
(i) Unenforceable Terms. If a court decides that any part of this agreement is invalid or unenforceable for any reason, and that enforcing the rest of this agreement would not defeat the purpose of this agreement, then rest of this agreement will still apply.
(j) Excuses. Neither side will be liable for any failure or delay meeting any obligation under this agreement caused by:
(i) failure of the other side or its personnel to meet their obligations under this agreement
(ii) actions done or delayed at the written request of the other side
(iii) fire, flood, earthquake, and other natural disasters
(iv) declared and undeclared wars, acts of terrorism, sabotage, riots, civil disorder, rebellions, and revolutions
(v) extraordinary malfunction of Internet infrastructure, data centers, or communication utilities
(vi) government actions taken in response to any of these causes
(k) Amendments. Both sides may change or add to the terms of this agreement only by signing a written amendment.
(l) Waivers. Both sides will waive terms of this agreement, if at all, only in signed writing.
(m) No Assignment. Neither side may assign any right under this agreement without the other side’s signed, written permission. Neither side will unreasonably refuse permission. Any attempt to assign against the terms of this agreement will have no legal effect.
(n) No Delegation. Neither side may delegate any performance under this agreement. Any attempt to delegate will have no legal effect.
Our shop provides the option for commercial use license to customers who would like to receive a license to create end product designs for sale.
By using these files, you may NOT redistribute them in their original format. Our commercial licensed products are to be considered a design tool, rather than a final design product; as you must alter our designs to create your finished product.
The products are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page outside of your business and or team members within your business.
Example: You are creating a website for a client and want to add our design into the clients website and customize it. You must instead Add the share key into your account, alter/customize it, and then recreate your own share key. This will prevent your client from having assess to the (original file as is).
You may use the products to create finished products for personal use or for business commercial use for items sold for commercial gain.
The following commercial use terms apply.
Products CAN NOT be sold as is, your product must NOT be the original file your purchased
Example: You want to create a template for sale and include our design(s) within the template. You must add our canvas(s) into the design, altar and customize the text, font, images, and colors to be different than the original design. Then create your own share key.
You must at least create a 1 page websites for sale with our canvas designs, you may NOT use them to create a canvas alone for sale. As this would be considered as more the original format.
Black friday template bonus
Terms of use for
This Agreement (the “AGREEMENT”) is entered into effective this date, July 1st 2022 between Brand Me Gorgeous (“US”) and Purchaser (“YOU”). All references to the Purchaser in this Agreement shall pertain to the Purchaser and their business.
1. Order. These terms, together with the order referencing them, make up our commercial license agreement. The terms are all identified on the order.
2. Canvasess. This agreement covers the specific canvases also known as the Library, plus any new versions of canvases or specifically provides to the customer, while this agreement continues.
3. Modifications. The customer may make changes to the canvases, compile those changes, and created a changed versions of the canvases with a new share key as long as the version is not original and has more canvases within it that would create a finished end product for sale.
4. Billing.
(a) Charges.
The customer agrees to pay the fees at check out (in cart) at time the order is placed. And understands this is a digital download and no physical product will be given.
(b) Billing Errors.
You agree not to hold Brand Me Gorgeous any harm due to any billing errors by making a purchase through this website. You have the right to contact us regarding any errors and we will work together to correct the issue should one arise.
5. Term and Termination.
(a) Perpetual.
This agreement continues until one side or the other ends it.
(b) Termination.
Either side can terminate this agreement immediately if the other side breaches and fails to cure their breach within fourteen days of notice.
6. Use.
(a) Permitted Use.
Purchaser may use canvases to create finished products for sale with unlimited uses
Purchaser may edit and alter the design
(b) Prohibited Uses.
The Purchaser may not:
(i) sell, lease, license, or sublicense the canvases as is or Share Keys
(ii) allow access to the canvases by others not licensed under this agreement outside their business
(iii) share copies of the canvases or share keys, with with others not licensed under this agreement
(iv) make so little changes to the canvases that the design would still look original and be against the terms of this agreement
7. Licenses.
(a) Copyright License.
Brand Me Gorgeous still holds full Copyright Licenses to all designs
(b) No Other Licenses. Apart from the licenses in Section 7 (Licenses), this agreement does not license or assign any intellectual property rights.
8. Open Source.
(a) Open Source Compliance.
Some components of the canvases may be open source available under free, public licenses like images. If the public license terms for any open source component conflict with the terms of this agreement, only the public license terms apply to that component, not the terms of this agreement. If the license terms for any open source component require an offer of source code or other information related to that component, the Purchaser agrees to provide on written request.
(b) Dual Licensing. If any part of the canvases is or becomes available under a public license:
(i) While the Purchaser’s licenses continue, the purchaser and each authorized user must abide by this agreement, not the public license.
(ii) The Purchaser must abide by the terms of the public license for any canvas design not covered by this agreement.
9. Delivery.
(A) License Share Keys. If the design for a purchaser's client requires a share keys to function, the Purchaser agrees to recreate a new Share key first. The Purchaser may not upload the original share key into any clients account to keep the Share keys Under this agreement confidential business information.
10. Technical Support.
(a) Basic Support. During regular business hours, Brand Me Gorgeous agrees to respond to e-mail support requests from Purchaser or any authorized user about configuration of, use of, and problems with the product canvases. Brand Me Gorgeous does not agree to any specific service levels for response to support requests.
(b) Access. By the purchaser request, the purchaser agrees to give Brand Me Gorgeous access to personnel, systems, and information needed to respond to support requests if by chance Brand Me Gorgeous needs account access to correct any issue.
11. Warranties.
(a) Perform As Documented. Brand Me Gorgeous guarantees that the canvases will perform as described in its documentation while this agreement continues, except when:
(i) using older version of the canvases than the latest provided under this agreement
(ii) using the canvases with modifications
(iii) sing the canvases different from that required, according to the documentation
(iv) combining the canvases with other software or hardware in ways not described in the documentation as Showit is the only program all canvases will work in
12. Liability.
(a) Disclaimer. Section 11 (Warranties) sets out the only warranties that are provided for the canvases. The Purchaser disclaims any warranties the law might otherwise imply, like warranties of merchantability, fitness for any particular purpose, title, or non infringement.
(b) Unforeseeable Damages. Neither side will be liable for breach-of-contract damages they could not have reasonably foreseen when entering into this agreement.
(c) Liability Cap. Except for Section 12(d) (Uncapped Liabilities), neither side’s total liability for breach of this agreement will exceed the amount of fees Brand Me Gorgeous received from the Purchaser under this agreement during the twelve months before the first claim is made. This limit applies even if the side liable is advised that the other may suffer damages, and even if the customer paid no fees at all.
(d) Uncapped Liabilities. Section 12(c) (Liability Cap) does not apply to:
(i) the customer’s obligations to pay fees
(ii) the vendor’s obligations to indemnify the customer
(iii) liabilities the law requires to be unlimited
13. Indemnities. These indemnities apply as long as the customer has paid all licensing fees as required by this agreement:
(a) General Indemnity. Subject to Section 13(e) (Indemnification Process), the vendor agrees to indemnify the customer for legal claims by others alleging that the software infringes any copyright, trademark, or trade secret right, or breaks any law.
(b) Patent Indemnity. The vendor will not indemnify the customer for any claims by others alleging that the software infringes any patent.
(c) Scope of Indemnity. Throughout this agreement, to indemnify means to indemnify and hold the customer and its personnel harmless for all liability, expenses, damages, costs, and reasonable attorney fees, as well as to defend the indemnified party.
(d) Only Remedy. Both sides agree that indemnification will be the only legal remedy for claims covered by indemnity.
(e) Indemnification Process. Both sides agree that to receive indemnification under this agreement, they must give notice of any covered claim quickly, allow the other side to control investigation, defense, and settlement, and cooperate with those efforts. Both sides agree that if they fail to give notice of any covered claim quickly, indemnification will not cover amounts that could have been defended against or mitigated if notice had been given quickly. Both sides agree that if they take control of the defense and settlement of any covered claim, they will not agree to any settlements that admit fault or impose obligations on the other side without their signed, written permission.
(f) Repair, Replace, Refund. If the vendor or the customer receives written notice of a claim that the software infringes any intellectual property right or breaks any law, or vendor reasonably anticipates a claim of that kind:
(i) The developer may provide the customer a new version of the software that no longer infringes or breaks the law. That new version will be covered by this agreement. The customer will not pay any additional fee for the new version.
(ii) If the problem is infringement, the developer may get licenses for the customer so that the customer’s use of the software no longer infringes.
(iii) If the problem is illegality, the developer may get the approvals, licenses, or other requirements needed to abide by the law.
(iv) The developer may refund any fees the customer has prepaid under this agreement for time remaining in the term of this agreement, on a proportional basis, and end this agreement immediately by giving the customer notice.
14. Tax.
(a) Taxes on Fees. The customer agrees to pay all tax on fees under this agreement, except tax on the vendor’s income.
(b) Tax Withholding. If the customer is located outside the United States and local law requires the customer to withhold taxes on fees paid under this agreement:
(i) The customer agrees to make the required tax withholding payments for the vendor by deducting the right amounts from payments to the vendor and paying them to the proper tax authorities.
(ii) The customer agrees to increase the amount of each payment made under this agreement, to offset withholding, so that the vendor receives the full amount owed.
(iii) The customer agrees to give the vendor relevant official tax documentation and tax receipts showing that withholding was required and that proper withholding payment was made, as soon as possible after making any withholding payment.
15. General Contract Terms.
(a) Notices. Both sides agree to give notice under this agreement, the side giving notice must send by e-mail to the address the recipient gave with its signature, or to a different address given later for notices going forward, in the English language. If either side finds that e-mail can’t be delivered to the e-mail address given, the sender may give notice by registered mail to the address on file for the recipient with the state under whose laws it is organized.
(b) Governing Law. This agreement will be governed by the law of the jurisdiction of the address the vendor gives with its signature.
(c) No CISG. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this agreement.
(d) No UCITA. As far as the law allows, the Uniform Computer Information Transactions Act will not apply to this agreement.
(e) Dispute Resolution. The parties do not agree to mediation or arbitration of disputes related to this agreement.
(f) Enforcement. Only the parties may enforce rights under this agreement.
(g) Forum for Disputes. Both sides agree to bring any lawsuits related to this agreement in courts in the city nearest the address the vendor gives with its signature. Both sides consent to the exclusive jurisdiction of those courts and waive any objection that they would be an inconvenient forum for a lawsuit. Both sides agree that the other side can enforce judgments from those courts in other jurisdictions.
(h) Only Terms. Both sides intend the terms of this agreement, together with the order, as the final, complete, and only expression of their agreement about the software.
(i) Unenforceable Terms. If a court decides that any part of this agreement is invalid or unenforceable for any reason, and that enforcing the rest of this agreement would not defeat the purpose of this agreement, then rest of this agreement will still apply.
(j) Excuses. Neither side will be liable for any failure or delay meeting any obligation under this agreement caused by:
(i) failure of the other side or its personnel to meet their obligations under this agreement
(ii) actions done or delayed at the written request of the other side
(iii) fire, flood, earthquake, and other natural disasters
(iv) declared and undeclared wars, acts of terrorism, sabotage, riots, civil disorder, rebellions, and revolutions
(v) extraordinary malfunction of Internet infrastructure, data centers, or communication utilities
(vi) government actions taken in response to any of these causes
(k) Amendments. Both sides may change or add to the terms of this agreement only by signing a written amendment.
(l) Waivers. Both sides will waive terms of this agreement, if at all, only in signed writing.
(m) No Assignment. Neither side may assign any right under this agreement without the other side’s signed, written permission. Neither side will unreasonably refuse permission. Any attempt to assign against the terms of this agreement will have no legal effect.
(n) No Delegation. Neither side may delegate any performance under this agreement. Any attempt to delegate will have no legal effect.
Our shop provides the option for commercial use license to customers who would like to receive a license to create end product designs for sale.
By using these files, you may NOT redistribute them in their original format. Our commercial licensed products are to be considered a design tool, rather than a final design product; as you must alter our designs to create your finished product.
The products are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page outside of your business and or team members within your business.
Example: You are creating a website for a client and want to add our design into the clients website and customize it. You must instead Add the share key into your account, alter/customize it, and then recreate your own share key. This will prevent your client from having access to the (original file as is).
You may use the products to create finished products for personal use or for business commercial use for items sold for commercial gain.
The following commercial use terms apply.
Products CAN NOT be sold as is, your product must NOT be the original file your purchased
Example: You want to create a template for sale and include our design(s) within the template. You may not use these templates in any way to design another template. These templates are to use for clients that are hiring you to design a website. Not for clients who want to edit their own website.
You can not use these templates to sell as templates.
