DIGITAL DOWNLOADS TERMS OF USE
The Digital Products (“Products”) made available by So Sweet DIY (“we”, “us” and “our) on the website located at http://www.sosweetdiy.com (the “Site”) are subject to the following Digital Downloads Terms of Use (“Terms of Use”, “Agreement”). This Agreement is in addition to our Terms of Service and Privacy Policy applicable to the Site and to all persons downloading the Products. By visiting the Site and/or purchasing a Product from us, you engage in our “Service” (or “Services”) and agree to be bound by these terms and policies. If you do not agree to all of these terms and policies, then you must not access the Site or use any Services. This Agreement applies to all Products and Services available on the Site, regardless of revenue or profit.
DIGITAL PRODUCTS
The Products made available on the Site are non-editable downloadable PDF files. No printed products or physical items of any kind will be shipped to you. You are responsible for any equipment, software, tools, materials and supplies required to download, view, print, assemble, embellish and style the Products. So Sweet DIY shall not be held responsible if you do not have the necessary software, equipment, tools and supplies at your disposal or the knowledge in which to use these resources.
IMPORTANT NOTE: We currently have a maximum download limit of 5 for each digital product order.
SALES AND REFUNDS POLICY
All sales are final. Due to the immediate access and intangible nature of PDF downloads, no refunds, returns, cancellations or exchanges can be made on our Digital Products. By purchasing and downloading the Digital Products, you are agreeing to this “no refunds” policy.
PERMISSIONS AND PERMITTED USE
Permission is granted to download the Product(s) for YOUR PERSONAL, NON-COMMERICAL USE ONLY. These permissions are not transferrable and cannot be sold to a third party. There is no transfer of ownership or title. So Sweet DIY retains all ownership, rights, license, title, copyright (and other intellectual property rights) of the Products. You may use the Products for the “PERMITTED USE” only as follows:
- You shall only use the Products in accordance with this Digital Downloads Terms of Use Agreement.
- You shall use the Products for YOUR PERSONAL, NON-COMMERICAL USE ONLY, subject to the “RESTRICTIONS ON USE” (as defined below). This means that you may display the Products on your personal computer (or device) and may print the files for your own personal household use only.
- Permission is also granted to print the files using a professional printing service as long as the Products and printed copies are for your own personal, non-commercial use in accordance with this Agreement. It should be noted that the Products are available in PDF format only and So Sweet DIY is unable to provide additional file formats or specifications should they be requested by a third-party printing service.
- Any use of the Products that is not a “PERMITTED USE” shall constitute an infringement of Copyright Law. Any additional “Permitted Uses” must be approved in writing by So Sweet DIY. Please note that So Sweet DIY takes copyright violation seriously and will actively pursue any unauthorized use of our copyrighted products and website materials.
RESTRICTIONS ON USE
You shall not use the Products for any purpose other than the “PERMITTED USE” (as defined above). For greater clarity, the following uses are strictly prohibited:
- You shall not use the Products for any commercial purpose whatsoever which includes, but is not limited to reselling, relicensing, redistributing, marketing, advertising, mass production or public display.
- You shall not copy, share, license, assign, lend, gift, transfer or distribute the Products in any manner, regardless of revenue or profit.
- You shall not give the Products to others for free or as part of a giveaway.
- You shall not edit or alter the Products in any way including the removal of any logos, copyright notices or other proprietary notations.
- You may not use or display the Products in an electronic format that enables the Products to be downloaded, distributed or shared by others.
- You shall not upload the Products online or store/distribute the files on any website or other services in any format including all file sharing, network servers, web servers and hosting sites.
- You shall not incorporate the Products into another format or re-use or extract the content to create variations of the original Product.
- You shall not provide multiple printed copies of the Products for the use of other individuals or households, regardless of revenue or profit.
- You shall not use the Products in a manner that is obscene, immoral, infringing, defamatory or libelous in nature.
TERMINATION OF PERMITTED USE
The Permitted Use of the Products (as defined above) shall automatically terminate upon failure to comply with the terms and policies as set forth in this Agreement and Terms of Service. So Sweet DIY reserves the right to terminate the Agreement immediately, as well as to commence immediate takedown action and/or legal proceedings if any copyright infringement or other unauthorized use of the Products has taken place. Upon termination of this Agreement, the purchaser shall discontinue the use of the Products immediately and shall destroy all copies and archives of the Products as well as any copies in printed format.
DISCLAIMERS AND LIMITATION OF LIABILITY
- General Disclaimer: The Products, Services and other materials made available on this Site are provided on an “as is” basis. While all due and reasonable efforts have been made to provide correct and accurate information in the content, we do not provide any representation or warranties, express or implied, statutory or otherwise, or whether by operation of law or otherwise, concerning use of the Product or Services and other materials on the Site. Furthermore, we may modify and update Products, Services and other materials on the Site at any time without notice to reader.
- Printed Items/Color Disclaimer: To ensure the best possible print quality, the printable Project Sheets available on the Site are provided in high resolution (300 DPI) digital PDF format. However, due to the vast differences in printer, screen and digital photo technologies, So Sweet DIY does not provide any warranties or make any representations concerning the color accuracy and/or print quality of the Products. So Sweet DIY is unable to calibrate or change colors in the designs of the Products to match specific printing requirements. Product images will typically appear brighter and more vibrant on screens than in print so please be aware that color variations across different devices can be expected.
- Safety Disclaimer and Limitation of Liability: So Sweet DIY shall not be held responsible for any harm, damage, loss or injury that may result from the use of the Site and/or our Products and Services. You assume the entire risk when using any tools, materials and equipment that may be recommended or listed on the Site and/or in the Digital Product downloads. The Products and projects made available on the Site require the direct guidance and supervision of an adult at all times. Adults should be responsible for all cutting and the handling of any tools or materials that may pose a safety hazard to young children. The Product and Site materials/resources may list small parts for the purpose of decorating and embellishing the projects. You are responsible for ensuring that these small parts are not used if they may present a potential choking hazard and/or other safety risk to infants and young children.
- Technical Support Disclaimer: Technical support is not included with the purchase of the Products once the PDF files have been downloaded. You are responsible for having the necessary resources to ensure that the PDF files can be opened, viewed and printed. Due to the vast differences in printer technologies, So Sweet DIY cannot provide support for any specific printing issues that may arise.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless So Sweet DIY, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors, from and against all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs and expenses (including legal costs), in any way related to or arising out of the use of the Product or Service or other information contained in the Site, or arising out of breach or violation or failure to abide by the Terms of Use or Terms of Service or any information or documents contained in the Site or incorporated by reference into them.
PURCHASE PRICE
The prices for the Products are subject to change without notice. Therefore, the price listed on the Site at the time of purchase may vary. All prices are listed in USD. So Sweet DIY shall not be held responsible for the conversion rate if payment is made in a different currency.
DISCOUNTS & COUPON CODES
So Sweet DIY may periodically issue discounts and/or coupon codes for the Products made available on the Site. These discounts and coupon codes are subject to change without notice and additionally, may be subject to certain terms, conditions and restrictions for the purchase to qualify. All coupon codes must be entered at the time of purchase to be applicable. So Sweet DIY shall not be held responsible if the coupon code is not used at the time of purchase or if the code is not entered properly when the order is placed.
INTELLECTUAL PROPERTY
All content published and made available on the Site is the intellectual property of So Sweet DIY and is protected under applicable copyright and trademark law. All rights are retained by So Sweet DIY. This content includes, but is not limited to graphic designs, illustrations, photographic images, text, logos, documents, downloadable files, instructional guides, videos and anything that contributes to the composition of the Site and Products. Any licensed artwork incorporated into our designs remains the property of its respective copyright owner.
ENTIRE AGREEMENT
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Service (including the Terms of Service and Privacy Policy) constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, proposals and materials whether oral or written (digital format or otherwise) between you and us (including, but not limited to Safety First alerts and any prior versions of these Terms of Use and Terms of Service). Any ambiguities in the interpretation of these Terms of Use and Terms of Service shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms of Use and Terms of Service shall not constitute a waiver of such right or provision.
CAPACITY/AGE OF CONSENT
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or if you are below that age, you must have the permission of your parent or guardian to use the Site. Your parent or guardian must have read and understood these Terms of Service and agree to be bound by these terms on your behalf.
CHANGES TO TERMS OF USE
You can review the most current version of these Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and/or changes to this page. These changes take effect immediately and replace all previous versions. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada in the Province of Ontario.
