THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Krush Agency, LLC (The Social Revamp), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. DELIVERY OF ANY FILES TO YOU CONSTITUTES ACCEPTANCE, AND THEREFORE, THE CREATION OF A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND THE SOCIAL REVAMP. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have purchased. Acceptance of your order and the formation of the contract of sale between The Social Revamp and you will not take place unless and until you have received your order confirmation e-mail. All partial payments agree to these terms and agree that no products will be sent until after full payment is made.
(a) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or shipping fees. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Square payments for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes if any.
We offer NO REFUNDS ON ANY PRODUCT DESIGNATED ON THIS SITE AS NON-RETURNABLE including but not limited to ALL website templates, social media and stationery templates, brushes, elements, papers, or any other intangible, digital products. ALL SALES ARE FINAL because it is impossible to return a digital product.
If The Social Revamp does determine, in its sole discretion, that a “return” may be appropriate for any intangible products from thesocialrevamp.com, including website templates, social media templates, calligraphy brushes, planners, etc, you expressly recognize and agree that you’re asking for a refund on a product that you already have and cannot physically return. Therefore, you also EXPRESSLY AGREE and understand that if The Social Revamp feels generous enough to allow you a “return”, they may charge a TWENTY (20%) FEE (the “Penalty Fee”) in addition to the price of each item that they can prove you have either opened, downloaded, unzipped or viewed.
If you do wish to return a previously purchased intangible item and wish to incur the Penalty Fee, you must contact The Social Revamp, within five (5) calendar days, and the Parties will enter into a separate written agreement.
If you choose the Payment Plan option, you are REQUIRED BY LAW to complete all remaining payments of your payment plan. If You elect a partial payment plan, You hereby authorize The Social Revamp and any third-party processor to charge your credit card or debit card automatically according to the terms of your payment plan. If the payment method provided upon purchase has been declined for payment, you must provide a new eligible payment method promptly or the digital asset will be removed from your account.
YOU MAY NOT CANCEL OR VOID THESE PAYMENTS. You agree that you DO NOT OWN the single-use product license or RECEIVE the product until paid in full. In the event that any payment is not made, there will be a 3-day grace period between the payment due date and a $50 fee being assessed and charged. If payments are delinquent beyond 45 days, the balance will be immediately submitted for collections and WILL BE REQUIRED to remove any digital assets that you do not legally own.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE, OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.
(a) This limited warranty extends only to the original purchaser of products and services from the Site, not to any subsequent or other owner or transferee of the product. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services you purchased from us. This limited warranty does not cover any damages due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for one month the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(b) With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. To obtain warranty service, you must e-mail us email@example.com during the Warranty Period.
(c) Limitation of Liability. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Intellectual Property Use and Ownership
You acknowledge and agree that:
(a) Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.
(c) The Social Revamp is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
(d) Fonts used within products are free for use and all demo images, and photography/video graphics are to be replaced prior to launch. Custom fonts can be replaced within any template with the purchase of a license.