IMPORTANT INFORMATION
The following represents an agreement between Seraph-Chan Designs LLC, (“Seraph-Chan Designs”) and you, relating to the use of the materials contained in this “Web Template” Document(s), (“Web Template”.) Your purchase of this “Web Template” indicates your agreement to be bound by the terms and conditions contained herein.
LICENSE
All materials contained in this “Web Template,” including, but not limited to, any electronic files, code, audio, themes, layouts, or images (“Template Materials”), are the copyrighted property of Seraph-Chan Designs, who grants you a One Time Usage personal, non-exclusive, non-transferable, non-assignable, royalty-free license at a non-unique price to display the “Template Materials” for your personal or commercial use on a single usage basis, provided, however, that you must include or maintain all copyright, trademark and other notices contained in, or associated with, the “Template Materials”. You must purchase the same “Web Template” again if you want to use the same design or “Template Materials” in connection with another or other projects. Usage of the “Template Materials” in association with, or on websites that feature unlawful content is strictly prohibited.
An additional licensing fee may be payed to exclude the requirement to include or maintain all copyright, trademark and other notices contained in, or associated with, the “Template Materials”. Contact Seraph-Chan Designs to purchase this exclusion.
ALTERATIONS/MODIFICATIONS
Modification of the Template Materials to create a new template or design is strictly prohibited. You may not alter the Template Materials in such a way that the overall theme differs from the original without permission from Seraph-Chan Designs. Prohibited alterations include, but are not limited to changes in the (1) color scheme, (2) Layout, (3) Artwork, (4) Theme, or (5) Design.
You may, however, add additional elements to the template to suit the function of your website. Examples include new side-bars, photos, pages, sections, or links. So long as these additional elements do not replace the function of any original Template Materials.
An additional licensing fee may be payed to exclude the limitations on the alterations ot the Template Materials. Contact Seraph-Chan Designs to purchase this exclusion.
ASSIGNABLILITY
You acknowledge and agree that you may not sell, sublicense, assign or otherwise transfer this license or the “Web Template” without without prior written consent from our company, and that no title to the “Template Materials” has been or will be transferred to you from Serpah-Chan Designs or anyone else.
REFUND POLICY
Because Seraph-Chan Designs offers non-tangible, irrevocable goods we do not issue refunds, which you acknowledge prior to purchasing any product at our site.
LEGAL
You hereby agree that Seraph-Chan Designs would be irreparably damaged if the terms of this “Web Template” License were not specifically enforced, and therefore you agree that Seraph-Chan Designs shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this “Web Template” License Agreement, in addition to such other remedies as Seraph-Chan Designs may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this “Web Template”, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
This “Web Template” License shall be deemed to have been made and executed in the State of Virginia, and any dispute arising hereunder shall be resolved in accordance with the law of Virginia. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of Virginia, County of Giles, having subject matter jurisdiction with respect to the dispute between the parties. This “Web Template” License may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this “Web Template” License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this “Web Template” License Agreement shall remain in full force and effect. This “Web Template” License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.