This is the License and Terms and Conditions of Use Agreement for Clearmoon's graphic designs, stock photographs and logo designs.
Please read these terms and conditions carefully, your purchase or use of Clearmoon products and/or services confirms that you have read and accepted these Terms and Conditions of Use.
All material sold on the Clearmoon website is copyrighted.
LICENSE
Clearmoon grants you a nonexclusive limited license to use the website templates and other products sold through our website in accordance with these Terms and Conditions of Use.
LICENSE IN BRIEF
1. You may not sell/giveaway Clearmoon designs to 3rd parties.
2. You may not claim that you designed Clearmoon Logos.
3. You may not include/bundle Clearmoon Logos within your products and sell them.
4. You may not distribute a Clearmoon Logo design even after you have performed modifications on it.
5. You can use Clearmoon Logo designs for your personal websites. One license is required for each business you intend to use a Clearmoon logo on.
6. You can use Clearmoon Logo designs for your company/corporate websites.
7. You can use Clearmoon Logo designs for your client's websites, but you must not claim that you designed the Logo yourself and must purchase a new license for each site that you develop.
8. You can use a Clearmoon Logo in your printed material, letterhead, paperwork, fax header etc as well as on your website and in your email.
9. Clearmoon Logo designs may be used for your own and/or your customers' websites, but you may not put them on a disk, CD, website or any other medium and offer them for redistribution or resale. This means that if you are a web developer or consultant you are free to use the Logo in the design of your customers' websites. However the design may not be resold in any sort of collection, such as distributing to a third party via CD, disk, or for download from your website. You may not edit the Logo and then sell/distribute them in any way.
10. Refunds will not be given for any of our digital products.
MODIFICATIONS
You are authorised to make any necessary modification(s) to our products to fit your purposes.
UNAUTHORIZED USE
All Clearmoon graphics, stock photographs and logo designs are copyright. You may not place any of our products, modified or unmodified, on a disk, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from Clearmoon. Any misuse or distribution of our templates/content will result in severe penalties.
IMAGE USAGE
All images used in our designs are copyrighted and are subject to limited use. You do not have rights to reuse the images in either modified or present forms anywhere else, including other templates or websites. Further you do not have rights to resell/license/sub license/lease the images used in our templates in either modified or present forms.
OWNERSHIP AND WARRANTY
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are provided "as is" without warranty of any kind, either expressed or implied. Clearmoon shall not be liable for any damages allegedly sustained arising from use of information, products and/or services from this website.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, including but not limited to, negligence, Clearmoon shall not be liable for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss), even if Clearmoon has been advised of the possibility of such damages, in connection with Clearmoon or with any product or service provided by Clearmoon, or resulting from the use of or the inability to use the website, or from any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy.
GOVERNING LAW
The customer understands that for all disputes, with regard to any of Clearmoon's services or any term listed in this policy, the only jurisdiction that shall be used in determining liability is the court of Great Britain. If Clearmoon is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Clearmoon for its legal fees, costs and disbursements if Clearmoon is successful.
SEVERABILITY
In the event any one or more of the provisions of this Agreement and/or Terms and Conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Terms and Conditions shall be unimpaired and the Agreement and/or Terms and Conditions shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend, or under certain circumstances, terminate, the accounts of hosted website owners if content (including text/images/audio/video) on their website is found to be in violation of copyright.
We ask all Clearmoon clients to respect the intellectual property rights of others.
It may become necessary, at our discretion, to disable and/or remove the accounts of users who are infringing the copyright of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright;
- a description of the copyrighted work, or other intellectual property, that you claim has been infringed;
- a description of where the material that you claim is infringing the copyright can be found on the site;
- your full name, address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your 'Notice' is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
Our contact person for notice of claims of copyright infringement can be reached as follows:
By mail:
Administrator, Clearmoon, Heeley Road, Lytham St Annes, Lancashire FY8 2HR United Kingdom
Or Electronically via our contact page
These Terms and Conditions of Use may be amended from time to time and it is the responsibility of Clearmoon Clients and Customers to keep themselves informed via this page. Prices are also subject to change, current prices are displayed on this site.
Clearmoon
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