TERMS OF SERVICE
Guidelines for Using Our Templates and Artwork
As of August 01, 2023
Welcome to Eyelykit Studio. By accessing or using our website and services, including the purchase, download, and use of digital graphics and assets (“Products”), you agree to be bound by these Terms of Agreement (“Terms”). If you do not agree to these Terms, please do not use our services.
1. Use of products
1.1. License Grant: Upon purchase, we grant you a non-exclusive, non-transferable, revocable license to use the Products for personal and commercial use, subject to the limitations set forth in these Terms.
1.2. Permitted Uses: You may use the Products to create end products for yourself or your clients, including but not limited to:
- Photo booth templates
- Event graphics
- Marketing materials
- Social media content
1.3. Prohibited Uses: You may not:
- Resell, sublicense, or redistribute the Products, either as-is or modified, as standalone files or as part of any product where the primary value lies in the Products themselves.
- Use the Products in a way that competes with our business, including offering them as part of a product or service that competes with the Products.
- Use the Products in a way that violates any laws or regulations, or infringes on any third-party rights.
2. Intellectual Property Rights
2.1. Ownership: All intellectual property rights in and to the Products remain with Eyelykit Studio and/or our licensors. You do not acquire any ownership rights in the Products through your purchase.
2.2. Attribution: While not required, we appreciate attribution to Eyelykit Studio when the Products are used in publicly accessible projects.
3. Payment and Pricing
3.1. Pricing: All prices for Products are listed on our website and are subject to change at our discretion.
3.2. Payment: Payments for Products must be made through the payment methods available on our website, including major credit cards, PayPal, and Apple Pay.
3.3. Refunds: Due to the digital nature of our Products, all sales are final. We do not offer refunds or exchanges for any Products once they have been purchased and downloaded.
4. Delivery
4.1. Instant Download: Upon successful payment, you will receive instant access to download the Products.
4.2. Technical Issues: If you experience any technical issues with your download, please contact our customer support for assistance.
5. Limitation Of Liability
5.1. No Warranty: The Products are provided “as is” without any warranties, express or implied. We do not guarantee that the Products will meet your requirements or that they will be error-free.
5.2. Liability Limitation: To the fullest extent permitted by law, Eyelykit Studio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Products; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.
6. Termination
6.1. Termination by Us: We may terminate or suspend your access to the Products immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
6.2. Effect of Termination: Upon termination, your right to use the Products will immediately cease. If you wish to terminate your account, you may simply discontinue using the Products.
5.2. Liability Limitation: To the fullest extent permitted by law, Eyelykit Studio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Products; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.
7. Changes to Terms
7.1. Modifications: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
8. Governing Law
8.1. Jurisdiction: These Terms shall be governed and construed in accordance with the laws of Alberta Canada, without regard to its conflict of law provisions.
8.2. Dispute Resolution: Any disputes arising out of or relating to these Terms or the use of the Products shall be resolved through binding arbitration in Alberta, Canada.
Commercial License Details for Downloaded Assets
1. Usage Rights
- The license grants the purchaser the right to use the downloaded assets in commercial projects.
- The assets can be used for personal, business, or client projects without attribution.
2. Permitted Uses
- Creating photo booth overlays, virtual backdrops, and other digital assets for events.
- Incorporating assets into promotional materials, advertisements, and marketing campaigns.
- Using assets in both digital and print media, including websites, social media, and printed event materials.
3. Prohibited Uses
- Reselling, redistributing, or sharing the downloaded assets as standalone files.
- Using the assets in a way that allows third parties to extract the original files.
- Claiming the assets as your own work or trademarking them.
4. Modifications
- The assets can be modified, altered, and edited to fit your project needs.
- Any modifications to the assets are still subject to the same license terms.
5. Transferability
- The license is non-transferable. Only the purchaser is granted the rights under this license.
- The license cannot be sublicensed, assigned, or transferred to any third party.
6. Duration of License
- The license is perpetual, meaning it does not expire and continues as long as the terms are adhered to.
7. Legal Protection
- The assets are protected by copyright law. Unauthorized use, reproduction, or distribution of the assets is prohibited and subject to legal action.
8. Disclaimer
- The licensee assumes all responsibility for any legal issues or claims resulting from their use of the assets.
- The licensor is not liable for any damages, losses, or claims arising from the use of the assets.
9. Termination
- The license is terminated if any terms are violated.
- Upon termination, all use of the assets must cease, and the assets must be deleted from all storage devices.
10. Contact Information
- For any questions regarding the license or permitted uses, please contact us.
