- All sales are final
- Discount of 10% off your first order in Shop Chelsy Weisz applies to digital download products only.
This is a licensing agreement (Agreement) between you (“Licensee”) and Shop Chelsy Weisz. This Agreement is effective when you purchase a template product from this shop. This Agreement is controlled by the following terms and conditions:
Shop Chelsy Weisz is an online business that designs and creates templates, documents, presets and marketing devices for use by entrepreneurs and photographers. All of Shop Chelsy Weisz’s designs are available for download directly from Shop Chelsy Weisz’s website for paying customers. Shop Chelsy Weisz and Licensee agree that Shop Chelsy Weisz will provide its services to Licensee in accordance with this Agreement upon the date this Agreement becomes effective.
- Template - as used in this Agreement, template(s) includes any graphic design, template, logo, branding image, email, card, wedding announcement, document, studio tool, font, or texture that is designed and created by Shop Chelsy Weisz and that is available for licensing or present on Shop Chelsy Weisz’s website.
- Customized Template - a template that contains characteristics requested by Licensee.
- Client - a person or entity who pays Licensee to provide him, her or it with Licensee’s services.
Licensing of Templates - Shop Chelsy Weisz will permit Licensee to license its templates. Licensee may license Shop Chelsy Weisz’s templates by paying for them individually.
Necessary Software - Please read the product descriptions carefully for what software is necessary to edit the document or template. Most of Shop Chelsy Weisz’s templates require the latest version of Adobe Photoshop, Adobe InDesign, Adobe Acrobat, or any combination of the three. Shop Chelsy Weisz does not, will not and has no obligation to design its templates to work on any other platform. It is your responsibility to read the product description and specs, and agree that you have necessary software to use a template before you finalize your purchase.
Image Usage - All images in our templates and guides are copyrighted and the property of Chelsy Weisz. You can not use our images in your own materials, they are placeholders for your own brand images. Claiming these images as your own would be in violation of said copyrights. The only exception to this includes the purchase of stock photos that may be used in any templates or guides.
4. Copywriting Usage - All text included in our templates is yours to use. Each piece is written by Chelsy Weisz and created to make your job easier, however, it is highly suggested to edit such text to fit your voice, your brand, and your vision. It will translate even better when it’s coming from you, so use our copywriting as a starting point of inspiration.
This Agreement gives Licensee the right to use Shop Chelsy Weisz’s templates or customized templates as established below:
- Permitted Uses - Effective upon this Agreement and receipt of payment from Licensee, Shop Chelsy Weisz grants Licensee a non-exclusive license to download, reproduce and use Shop Chelsy Weisz’s templates as necessary for Licensee’s personal or internal business purposes, provided Licensee complies with the terms of this Agreement, including Sections IV(B) and VI, below. Internal business purposes do not include use by a third party or any parent, subsidiary, affiliate, partner, or licensee of Licensee. Licensee is entitled to provide Shop Chelsy Weisz’s templates to Licensee’s clients in accordance with Section IV(B)(2), below.
- Downloading: Licensee may download a template from Shop Chelsy Weisz’s website up to three (3) times at one (1) IP address.
- Restrictions on Use - Shop Chelsy Weisz’s templates are licensed, not sold. In signing this Agreement, Licensee receives no title to, ownership of or legal rights to any of Shop Chelsy Weisz’s templates, except those rights expressly granted in Section IV(A), above. Licensee agrees that Licensee will not:
- Modify, create derivative works from, or otherwise alter any ofShop Chelsy Weisz’s templates. Licensee has no right to use Shop Chelsy Weisz’s templates to develop a different template, even to the slightest extent.
- Distribute to parties other than Licensee’s clients, display publicly, sublicense, share or make available for use any of Shop Chelsy Weisz’s templates. Licensee must not distribute Shop Chelsy Weisz’s templates to its client(s) in a way that allows the client(s) to reproduce or re-use the template.
- Reverse engineer, disassemble, decompile or attempt to derive any source code or base construction of Shop Chelsy Weisz’s templates.
- Download and use a template at more than one IP address, unless otherwise agreed to with Shop Chelsy Weisz in writing.
DELIVERY AND ACCEPTANCE
Once Licensee signs this Agreement by clicking “Agree” at the bottom of this form, Licensee will be entitled to download templates for which Licensee has paid in accordance with Section VI, below. By making the templates available for download from its website, Shop Chelsy Weisz satisfies its responsibility to deliver its templates to Licensee. By downloading the templates, Licensee accepts full delivery of the templates by Shop Chelsy Weisz.
- Per Template - Licensee may pay for individual templates. Payment for the template is due in full at the time of this Agreement.
- No Refund - Licensee is not entitled to a refund of any kind once template has been purchased and downloaded.
Shop Chelsy Weisz reserves the right to change or amend this Agreement. In such an event, Shop Chelsy Weisz will notify Licensee of the modified Agreement.
- Download - Shop Chelsy Weisz warrants that Licensee will be able to download its templates from Shop Chelsy Weisz’s website.
- Ownership - Shop Chelsy Weisz warrants that it is the owner of the templates offered for licensing on its website. It has full power and authority to license its templates. Licensee warrants that no third party has ownership rights to any materials Licensee requests for use in a customized template.
- Disclaimer - Except as provided in this Agreement, Shop Chelsy Weisz makes no warranties, whether express or implied, of merchantability, usefulness or fitness for a particular purpose of its templates. Shop Chelsy Weisz does not warrant that its templates will function without interruption or in accordance with Licensee’s intentions.
- Limitation of Liability - Besides as otherwise authorized in this Agreement, Licensee agrees to hold Shop Chelsy Weisz harmless in any cause for damages, negligence, strict liability or tort, even if such damages were foreseeable. Nothing in this Agreement shall create additional liabilities, remedies or causes of action against Shop Chelsy Weisz. Shop Chelsy Weisz shall not be held liable for any claims by third parties against Licensee. Shop Chelsy Weisz shall not be held liable for any claims by third parties based on any material requested by Licensee for use in a customized template.
Choice of Law - Any claim brought against Shop Chelsy Weisz or Licensee under or pertaining to this Agreement shall be governed by North Dakota law.
Entire Agreement - This Agreement constitutes the entire Agreement between the Parties. No other communications or prior writings shall have any bearing on this enforceability of this Agreement.
Severability - The Parties agree to waive any provision of this Agreement that would render this agreement invalid or unenforceable. If a provision is determined to be invalid, it will be enforced to the extent permissible under the law.
- Indemnity - Except where Licensee has breached this Agreement, Shop Chelsy Weisz will indemnify Licensee, including any of Licensee’s employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Licensee or the above-mentioned parties, for infringement of a patent, copyright or other intellectual property by one of Shop Chelsy Weisz’s templates, upon prompt notice by Licensee to Shop Chelsy Weisz.
In such an event, Shop Chelsy Weisz will control the defense of its template. Licensee agrees to indemnify Shop Chelsy Weisz, its employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Shop Chelsy Weisz for infringement of a patent, copyright, other intellectual property or any other rights of the third party based on any actions of Licensee or based on any material in a customized template that was requested by Licensee.
This Agreement will become effective when Licensee completes checkout in this shop. At that time, Licensee will be obligated to abide by the aforementioned terms and conditions of this Agreement.