Read these terms and conditions carefully before using or purchasing the Product from the Seller. By using or purchasing the Product from the Seller, you agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions in this Agreement, do not use or purchase the Product from the Seller.
This Digital Product License (the 'Agreement') between Chloe Ciara Thomas (the 'Seller'), and purchaser of the Product (the 'Buyer'), in consideration of the Seller providing the Product to the Buyer and the Buyer paying the Seller the Purchase Price, and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:
1. Digital Product
The Seller owns and is providing to the Buyer the digital Product described below: one (1) PDF copy of the Dynamic Expansion Kit.
2. License
The Product is the property of the Seller and is copyrighted by law. The Product shall not be copied, published, or used in any way except as provided for in this Agreement. The Seller reserves the right to use the Product on the Seller's website and for the Seller's own marketing or advertising purposes.
The Seller will provide the Product to the Buyer upon purchase via a download link found in the confirmation of sale message following purchase, and the confirmation of sale email (email link expires after 30-days). The Buyer will have lifetime access to the Product so long as the terms of this Agreement are upheld.
3. Permitted Use
The Buyer shall only use the Product in accordance with this Agreement.
The Buyer shall use the Product for personal, non-commercial use only, and subject to the restrictions on use set out in this Agreement (the 'Permitted Use'). Personal, non-commercial use means the Buyer may display the Product on their personal computers and may print the Product for personal use.
The Buyer may share images/videos of the Product being used to their personal social media platforms so long as the Product is unaltered, the Buyer does not falsely represent themselves as the original creator of the Product, and the Buyer includes a direct link to the Seller's website or direct credit to the Seller.
4. Restrictions on Use
The Buyer shall not resell, sub-license or redistribute the Product except as provided for in this Agreement.
The Buyer shall not use the Product in a commercial manner to earn money, for marketing or advertising purposes, or in trademark, except as provided for in this Agreement.
The Buyer may not display the Product on their personal websites.
The Buyer shall not falsely represent themselves as the original creator of the Product.
The Buyer shall not use the Product in an obscene, defamatory or immoral way.
The Buyer shall not use, and shall not allow to be used, the Product for any purposes prohibited by the laws of Australia.
The Buyer shall not alter the Product in any way.
The Buyer shall not allow others to use the Product and shall not use the Product in a way that allows others to download or redistribute the Product.
5. Price
The Buyer will pay the Purchase Price for the Permitted Use of the Product by internet money transfer before receiving the Product.
6. Warranties & Refunds
The Seller warrants that they are entitled to grant the use of the Product described in this Agreement, and that this Agreement does not infringe on the rights of third parties.
The Product is provided 'as is' to the Buyer. The Seller does not provide any warranty, whether express or implied, as to the Product.
No refunds of the Purchase Price, or other amounts paid by the Buyer in connection with the Product, will be provided by the Seller under any circumstances.
7. Liability & Indemnity
The Seller will not be liable for any third-party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from the Buyers authorised use of the Product.
The Buyer agrees to indemnify and hold harmless the Seller against all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever resulting from or arising out of the unauthorised use of the Product, or Buyer’s breach of this Agreement.
8. Termination
This Agreement will continue indefinitely according to the terms set out in this Agreement, provided the Buyer complies with the terms and conditions herein. The Seller reserves the right to terminate this Agreement should the Buyer breach the terms of this Agreement.
9. Copyright
The Seller retains all intellectual property rights over the Product, including the sole copyright to the Product. Nothing in this Agreement shall operate to transfer, assign or otherwise grant any party any right or interest in the Seller's intellectual property rights or affect ownership by the Seller of intellectual property rights regarding the Product.
Any use, under any conditions not specifically allowed for in this Agreement, may constitute a violation of federal copyright law or international copyright agreements.
10. Severability
If any terms or provisions of this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will not be affected, and each unaffected term and provision will remain in full force and effect.
11. Governing Law
This Agreement will be governed by and construed in accordance with the laws of Australia, without regard to the jurisdiction in which action may be instituted. The Buyer agrees to submit to the jurisdiction of the courts of Western Australia to bring any action or for the enforcement of this Agreement. Notwithstanding, the Seller reserves the right to commence legal action to obtain injunctive relief in any court of competent jurisdiction.
12. Assignment
The Buyer may not assign or transfer the Agreement, or any rights granted within without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void.
The provision contained in this Agreement cannot be changed except by the signed and delivered written consent of both Parties.
