Terms & Conditions
Templamatic is an online marketplace for templates and a distributor for independent designers via its website www.templamatic.com (the “Website”). By using this Website or applying for membership in Templamatic, you agree to comply with and be bound by these Terms and Conditions (the “Terms”). Please review them carefully. If you do not agree, you must not use this Website or apply for membership.
These Terms cover matters regarding your participation in:
- - Purchasing templates
- - Supplying and selling templates
- - Posting messages in the forums
- - Using the Website
Use of the terms “we” and “us” in these Terms means “Templamatic”.
Membership is free but non-transferable. Templamatic reserves the right to terminate your membership at any time. Reasons may include, but are not limited to, your breach of any of these Terms, any credit or payment issues, if we are unable to verify any information you provide to Templamatic, and if we believe that your actions may cause legal liability for Templamatic, other members, or any other party.
By applying for membership, you represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the jurisdiction in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your membership in Templamatic and to comply with your responsibilities and obligations as stated in these Terms.
Templamatic may amend these Terms at any time by posting revised Terms on the Website, and/or sending information regarding the amendment to the email address you provide to Templamatic. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing your membership after such amendments have been posted or information about such amendments has been sent to you.
Information and Registration:
As part of the registration process, you will be required to select a username and password and to provide contact and account information. We may refuse to grant you a specific username for any reason. You are entirely responsible for the accuracy of your information and keeping it up to date, and for maintaining the confidentiality of your password and contact/account information. If any information you provide is untrue, inaccurate, incomplete or out of date, Templamatic reserves the right to terminate your membership. Furthermore, you are entirely responsible for any and all activities that occur under your membership account. You agree to immediately notify Templamatic of any unauthorized use of your membership account or any other breach of security you become aware of.
Copyright and Trademark Notice:
The content, organization, graphics, design, compilation, and other matters related to Templamatic and the Website are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed under “Limited License to Templates” below, is strictly prohibited. You do not acquire ownership rights to any content, template or other materials viewed through the website.
Copyright 2012 Templamatic. All rights reserved.
All templates and materials submitted by you must be your own original work. You represent and warrant that neither any template or materials you submit nor any portions thereof infringes the intellectual property, privacy or any other rights of any other party.
Approval of Templates:
Templamatic at its sole discretion has the authority to approve submitted templates (and any associated information and materials provided by you) for use and sale on the Website. Templamatic reserves the sole right to determine the length of time a template remains on the Website and the selling price for each template. You grant Templamatic a worldwide, perpetual license to copy, distribute, market, display and otherwise use the templates you submit on the Website for the commissions specified below.
Limited License to Templates:
Subject to your payment of the applicable fees and compliance with these Terms, Templamatic grants you a non-exclusive limited license to use the templates you purchase through Templamatic (each, a “Template”) in accordance with these Terms.
You may use each Template for use on one website only, either for you or a client. If you wish to use the Template on another website or for another client, you must purchase the same Template again. You may modify the Template as you see appropriate and copy the Template only to the extent necessary for such use.
Your right to use the Template is personal to you, and you may not redistribute or resell any of our Templates, in whole or in part, modified or unmodified. You may not sublicense, assign, or transfer this license to any other party without the prior written consent of Templamatic. Your membership and your rights to use the Templates are non-transferable.
Any photographs, graphics, clip art, other images and fonts provided in our Templates may be used only as an integral part of the one website you create using the Template. Any kind of separate or additional use or distribution is strictly prohibited and a violation of applicable intellectual property laws.
You have no right to claim intellectual or exclusive ownership of any of the Templates. All Templates are the property of their respective designers. You agree that where rights of attribution of authorship (also known as “moral rights”) are required for a Template, you will provide such right and not falsely attribute authorship of the Template.
Commissions and Payment:
Commissions are calculated with each sale. You can review your account balance online anytime, although commissions may not be immediately visible, e.g., due to a server issue or a delay from the payment provider. You earn between 50% and 70% commission on all sales that Templamatic receives from buyers of your Templates. If there is a refund or non-payment (e.g., a credit card was later denied or found fraudulent), the commission for that sale will be deducted from your account.
Payments will be made at regular intervals, usually every two weeks or once month, depending on the balance in your account. Your account balance must have a minimum of US $100 (One Hundred United States Dollars) before payments will be made. No interest will be provided on account balances. Payment will be made via PayPal. Should you close your membership account, the balance in your account will be sent to you within thirty (30) days.
Please note that Templamatic reserves the right to modify the terms of commission structure and payment at any time.
Participation in Forum:
You understand and acknowledge that all posts are non-confidential and that Templamatic may use such postings as it sees fit. Templamatic also reserves the right to remove any posting at its sole discretion.
Your posts must not violate any applicable law, statute, ordinance or regulation or be defamatory, libelous, obscene, unlawfully threatening or harassing, or the like. You agree not to upload or display any unapproved or unsolicited advertising or promotional material.
Links to Third Party Sites:
The Website may have links or direct you to websites, software or services owned or operated by third parties (“Third Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We are not responsible for the content and operation of such Third Party Properties, or the privacy or other practices of such Third Party Properties.
U.S. Government Restricted Rights:
If you are an agency or instrumentality of the United States Government, any software and documentation included in any Templates are “commercial computer software” and “commercial computer software documentation”, and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by these Terms.
You shall indemnify, defend and hold Templamatic, its parent company, affiliates, licensors, members, and each of their owners, directors, officers, employees, agents and representatives (the “Indemnitees”) harmless from any and all damages, liabilities, losses, costs (including reasonable attorneys’ fees), and expenses incurred or suffered by such Indemnitees arising out of, or in connection with, any claim based upon or arising out of (i) any breach of this Agreement by you; (ii) your gross negligence or willful misconduct; (iii) the development, operation, maintenance and content of any website you develop using a Template (excluding any materials rightfully obtained from Templamatic), or (iv) infringement or other violation by you, any template you provide or any portion thereof, or any website you so develop, of a third party’s rights, including without limitation privacy, publicity, or intellectual property rights.
Disclaimer of Warranties:
Templates, information and other content available from or through the site are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed. To the fullest extent permitted under applicable law, Templamatic disclaims all warranties express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, title, and non-infringement, or that use of the Templates or the Website itself will be uninterrupted or error-free. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL TEMPLAMATIC, ITS PARENT COMPANY, AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE TEMPLATES, THE WEBSITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO TEMPLAMATIC FOR TEMPLATES DURING THE MOST RECENT TWO MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWO MONTH PERIOD. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TEMPLAMATIC, ITS PARENT COMPANY, AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU, YOUR CLIENTS OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF TEMPLAMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations allocate the risks between Templamatic and you and shall apply notwithstanding any failure of essential purpose of any limited remedy.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without regard to its principles of conflicts of law. It shall not be governed by the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act, the application of which is expressly excluded. Any dispute arising in connection with these Terms that cannot be settled by negotiation between you and Templamatic or their representatives may be submitted at our sole discretion to binding arbitration to be held in Massachusetts in accordance with the rules of the American Arbitration Association. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Massachusetts, USA, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Nothing herein shall prevent Templamatic from seeking equitable relief in a court of competent jurisdiction. Templamatic and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created. If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected. Any heading contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
If you have any questions or comments regarding these Terms, please contact: firstname.lastname@example.org.