Date of Last Revision: April 4, 2014
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SHAKEDESIGN STORE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE MARKETPLACE SERVICE.
If you have any question regarding the use of the Site or the Marketplace Service, please refer first to the Help Section or the Frequently Asked Questions. All other questions or comments should be directed to email@example.com.
You understand and agree that when you purchase templates through the Marketplace Service (each a “Template”), you are actually acquiring a license to use the Template in accordance with the terms and conditions of our End User License Agreement (“EULA”) and that your use of such Template is governed by such EULA. By purchasing Templates, you agree to be bound by and accept the EULA. The terms of the EULA are subject to change without prior notice at any time, in ShakeDesign’s sole discretion, so you should review the EULA each time you make a purchase for the license terms applicable to such purchase. You understand and agree that any use of Templates other than in accordance with the terms of the EULA is unlicensed and unauthorized and may also violate applicable law, including copyright, trademark and other rights of the owner of such Template. You agree that all use of any Templates shall be solely in accordance with the terms of the applicable EULA.
You understand and agree that by submitting template designs to ShakeDesign for distribution through the Marketplace Service (each a “Design Submission”), you are licensing such Design Submission in accordance with, and agree to bound by, the terms and conditions set forth in the Submission Agreement. The terms of the Submission Agreement are subject to change without prior notice at any time, in ShakeDesign’s sole discretion, so you should review the Submission Agreement each time you make a Design Submission for the terms and conditions applicable to such Design Submission.
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, all Templates, the ShakeDesign logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of ShakeDesign or its licensors or users and are protected by international copyright laws.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, ShakeDesign has adopted a policy of terminating, in appropriate circumstances and at ShakeDesign’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. ShakeDesign may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement on firstname.lastname@example.org.
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
ShakeDesign Store, the ShakeDesign logos and any other ShakeDesign product or service name or slogan contained in the Site are trademarks of ShakeDesign and may not be copied, imitated or used, in whole or in part, without the prior written permission of ShakeDesign. You may not use any metatags or any other “hidden text” utilizing “ShakeDesign” or any other name, trademark or product or service name of ShakeDesign without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ShakeDesign and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray ShakeDesign or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a ShakeDesign logo or other proprietary graphic of ShakeDesign to link to this Site without the express written permission of ShakeDesign. Further, you may not use, frame or utilize framing techniques to enclose any ShakeDesign trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without ShakeDesign’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ShakeDesign or any third party.
ShakeDesign makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of ShakeDesign and ShakeDesign is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. ShakeDesign provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ShakeDesign of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
ShakeDesign provides users with third party information and content on the Site and through the Marketplace Service, including without limitation Templates submitted by third parties and links to third party websites (collectively the “Third Party Content”). Although ShakeDesign reviews and approves Templates for compliance with its design standards, it does not review Templates for any other purpose or otherwise review, monitor or have any control over any Third Party Content. ShakeDesign DOES NOT CONTROL, ENDORSE OR ADOPT ANY THIRD PARTY CONTENT, INCLUDING TEMPLATES, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO SUCH THIRD PARTY CONTENT, INCLUDING WITHOUT LIMITATION ITS ACCURACY, COMPLETENESS, APPROPRIATENESS, LEGALITY OR NONINFRINGEMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL USE OF ANY THIRD PARTY CONTENT IS AT YOUR OWN RISK.
ShakeDesign may run advertisements and promotions from third parties on the Site or in connection with the Marketplace Service or may otherwise provide you information about or links to third-party products or services, including without limitation information about customization services offered by the designers of the Templates you license through the Marketplace Service. Your business dealings or correspondence with, or participation in promotions of, such designers or other third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. ShakeDesign is not responsible or liable in any manner for such products, services advertising or promotions, or for any loss or damage of any sort incurred as the result thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, or information regarding the Site, ShakeDesign or ShakeDesign’s products or services (“Site Submissions”) that are submitted to ShakeDesign in any manner, including by email, postings on the Site or other communications to ShakeDesign, are non-confidential and shall become the sole property of ShakeDesign. ShakeDesign shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Site Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Site and the Marketplace Service involve the posting of user generated Templates and may include discussion forums, chat rooms, blogs and other interactive areas or services (“Interactive Areas”) in which you or other users create, post or store Templates, comments, messages, materials, data, information, graphics, or other items or content on the Site (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By submitting or posting any Templates or other User Content to the Site or in connection with the Marketplace Service, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that infringes or violates any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to post, distribute, display and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of ShakeDesign, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose ShakeDesign or its users to any harm or liability of any type.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of, and not disclose to any third party, your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to ShakeDesign, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to ShakeDesign.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHAKEDESIGN, THE SITE, THE SITE MATERIALS AND THE MARKETPLACE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHAKEDESIGN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE TEMPLATES, INFORMATION, AND OTHER CONTENT AND MATERIALS ON OR ACCESSED THROUGH THE SITE. SHAKEDESIGN DOES NOT REPRESENT OR WARRANT THAT SITE, THE SITE MATERIALS OR THE MARKETPLACE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
SHAKEDESIGN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE SHAKEDESIGN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE MARKETPLACE SERVICE SAFE, SHAKEDESIGN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
ShakeDesign reserves the right to delete or change any and all content contained in the Site and any services offered through the Site or the Marketplace Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ShakeDesign.
IN NO EVENT SHALL SHAKEDESIGN, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE MARKETPLACE SERVICE, THE USER CONTENT OR THE OTHER SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR THE MARKETPLACE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHAKEDESIGN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHAKEDESIGN’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHAKEDESIGN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE MARKETPLACE, THE TEMPLATES OR OTHER SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SHAKEDESIGN FOR THE TEMPLATES OR FOR ACCESS TO OR USE OF THE SITE OR THE MARKETPLACE SERVICE.
Questions or comments about the Site may be directed to ShakeDesign at the email address email@example.com.