Terms
Terms and Conditions
Last updated: May 25, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://wwwshoelessdesigns.com website (the "Service") operated by Shoeless Designs ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Source Files: We do not release any layered or .PSD files. All graphics will be a flattened web format (.gif, .jpg or .png), and they may only be used for the purpose for which they were intended/purchased.
LICENSE
Shoeless Designs templates are LICENSED, not sold. Shoeless Designs grants you a nonexclusive, nontransferable license to USE the template on one domain in accordance with our terms listed below.
Authorized Use:
- Templates may be used on ONE domain only, including use on a “wholesale” subdomain. (Example: yourdomain.com and yourdomain.com/wholesale )
Unauthorized Use:
- You may NOT use the template on 2 ( or more ) separate domains. To do so you would need to purchase additional licenses.
- You may NOT redistribute ( modified or unmodified ), reproduce or sell the template, graphics or coding in any medium.
- You may NOT modify templates ( graphics and finished assembled page layouts) or add-on products in any way.
- You may NOT use any graphics from the template as a trademark, or service mark
- You may NOT use any part of the template, graphics or code, on a separate site or purpose from that which it was purchased. Templates are created as one piece, for one web site, and can not be used in whole or separated for a different use/site.
Example: You, or other party acting on your behalf, may not take headers, backgrounds, navigation headers or buttons from purchased templates for use such as, but not limited to, blog templates, collages, favicons, business cards, banners.
REFUNDS
All sales are final. Due the digital nature of our product and services we do not extend money back refunds or exchanges once an item is purchased and installed or a service has been rendered. If we find any issues during installation or while preforming a service, we will do our best to work with you and resolve the issue, but all sales are considered final once installation is completed or a service rendered.
SERVICES
Pre-made Templates: All templates are sold multiple times and are sold as-is. Customization included is limited to personalizing the logo with your company name. No mockups or proofs are offered with pre-made designs.
Font/Color Changes ( additional fee): No mockups/proofs are offered prior to template installation or font/color changes. Up to 2 rounds of minor revisions are included after installation/change to your site. If additional revisions are required there will be an additional fee of $4-10 per revision quoted at the time of request.
COPYRIGHT AND CREDIT LINK
The copyright and all other rights to the template, graphics, and coding remains with Shoelessdesigns.
We require that the Shoelessdesigns copyright/credit and link back to our site remain in the template. This may not be altered or removed.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Shoeless Designs and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shoeless Designs.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Shoeless Designs
Shoeless Designs has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Shoeless Designs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Shoeless Designs and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Shoeless Designs, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Shoeless Designs its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
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.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.