TERMS AND CONDITIONS

TERMS AND CONDITIONS

This is a licensing agreement (Agreement) between you (“Licensee”) and Shop Fourth Street Creative. This Agreement is effective when you purchase a template product from this shop. This Agreement is controlled by the following terms and conditions:

INTRODUCTION

Shop Fourth Street Creative is an online business that designs and creates templates, documents, presets and marketing devices for use by realtors and graphic designers. Shop Fourth Street Creative and Licensee agree that Shop Fourth Street Creative will provide its services to Licensee in accordance with this Agreement upon the date this Agreement becomes effective

DEFINITIONS

  1. 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 Fourth Street Creative and that is available for licensing or present on Shop Fourth Street Creative’s website.
  1. Customized Template – a template that contains characteristics requested by Licensee. 
  1. Client – a person or entity who pays Licensee to provide him, her or it with Licensee’s services. 

SERVICES

  1. Licensing of Templates – Shop Fourth Street Creative will permit Licensee to license its templates. Licensee may license Shop Fourth Street Creative’s templates by paying for them individually. 
  2. Necessary Software – Please read the product descriptions carefully for what software is necessary to edit the document or template. Most of Shop Fourth Street Creative’s templates require a free Canva account. However the latest version of Adobe Photoshop, Adobe InDesign, Adobe Acrobat, or any combination of the three might also be required. Shop Fourth Street Creative 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.

    3. Copywriting Usage – All text included in our templates is yours to use. Each piece is written by Fourth Street Creative 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.

 

LICENSING

STANDARD LICENSE: 

The Standard License grants you, ‘the purchaser’, an ongoing, non-exclusive, worldwide license to make use of the digital work (Item) you have selected by “the designer”, Fourth Street Creative, Inc.

  1. You are licensed to use the Item for “single-use”. The item can be for yourself OR for one client (a “single application”).  The End Product can NO LONGER be distributed if it’s already being used by a single user.
  2. You can edit and make any number of copies of the single End Product to be used for yourself. If purchasing FOR a “client”, the License is transferred immediately to them for Single Use. In which you would have to purchase a license for yourself if YOU choose to use it.
  3. You can’t ‘Sell’ the End Product unless you are purchasing for a client and not for yourself. If YOU want to sell that end product again, you will need the Extended License.
  4. You can’t re-distribute, directly re-sell, or promote products as your own. 
  5. You can’t resell and market the product purchased here and redistribute as ‘freebies’.
  6. You must not permit an end user of the End Product to extract any Item within the product and use it separately from the End Product
  7. You can not resell the item ‘as is’, or repackage and/or redesign them for resale.
  8. You can’t claim the item as your own work.

This license can be terminated if you breach it. If that happens, you must stop making copies of or distributing the End Product until you remove the Item from it.

EXTENDED LICENSE

The Extended License grants you, ‘the purchaser’, an ongoing, non-exclusive, worldwide license to make use of the digital work (Item) you have selected by “the designer”, Fourth Street Creative, Inc.

  1. You are licensed to use the Item to modify and create a single End Product for yourself or for one client (a “single application”). The End Product created CAN THEN BE ‘SOLD’ and distributed (to other “clients”).
  2. You can edit. Make any number of copies of the single End Product to be used for yourself or for your “clients”.
  3. You can’t re-distribute, directly re-sell, or promote the product as your own. You can’t do this with an Item either on its own, separated, or bundled with other items, and even if you modify the Item.
  4. You can’t resell and market the product purchased here and redistribute as ‘freebies’.
  5. You must not permit an end user of your end product to extract any Item within the product and use it separately from the End Product
  6. You can not resell the item ‘as is’, or repackage and/or redesign them for resale.
  7. You can’t claim the item as your own work.

This license can be terminated if you breach it. If that happens, you must stop making copies of or distributing the End Product until you remove the Item from it.

PAYMENT METHODS

  1. Per Template – Licensee may pay for individual templates. Payment for the template is due in full at the time of this Agreement.
  2. No Refund – Licensee is not entitled to a refund of any kind once template has been purchased and downloaded.

 

AGREEMENT MODIFICATIONS

Shop Fourth Street Creative reserves the right to change or amend this Agreement. In such an event, Shop Fourth Street Creative will notify Licensee of the modified Agreement.  

 

WARRANTIES

  1. Download – Shop Fourth Street Creative warrants that Licensee will be able to download its templates from Shop Fourth Street Creative’s website or host website (Etsy).
  2. Ownership – Shop Fourth Street Creative 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.
  3. Disclaimer – Except as provided in this Agreement, Shop Fourth Street Creative makes no warranties, whether express or implied, of merchantability, usefulness or fitness for a particular purpose of its templates. Shop Fourth Street Creative does not warrant that its templates will function without interruption or in accordance with Licensee’s intentions.
  4. Limitation of Liability – Besides as otherwise authorized in this Agreement, Licensee agrees to hold Shop Fourth Street Creative 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 Fourth Street Creative. Shop Fourth Street Creative shall not be held liable for any claims by third parties against Licensee. Shop Fourth Street Creative shall not be held liable for any claims by third parties based on any material requested by Licensee for use in a customized template.

 

XII. MISCELLANEOUS

  1. Choice of Law – Any claim brought against Shop Fourth Street Creative or Licensee under or pertaining to this Agreement shall be governed by Ontario Law. 
  2. 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. 
  3. 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. 
  4. Indemnity – Except where Licensee has breached this Agreement, Shop Fourth Street Creative 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 Fourth Street Creative’s templates, upon prompt notice by Licensee to Shop Fourth Street Creative.

In such an event, Shop Fourth Street Creative will control the defense of its template. Licensee agrees to indemnify Shop Fourth Street Creative, its employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Shop Fourth Street Creative 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.

 EFFECTIVE

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.

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