LICENSE

SELLING POLICY / LICENSE TERMS

INDEX

DOMAIN

OWNER

CONACT

LAUNCHED

YORHEKIN.COM

YORH EKIN

ME@YORHEKIN.COM

SEPTEMBER, 8TH 2014

01

GENERAL

THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE “LICENSEE”) AND YORH EKIN (THE “LICENSOR”). YOUR PURCHASE OR USE OF OUR PRODUCTS IMPLIES THAT YOU HAVE READ AND ACCEPTED THE TERMS OF THIS AGREEMENT AND THE LICENSED MATERIAL USAGE SPECIFICATIONS SET FORTH HEREIN. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEBSITE OF YORH EKIN WWW.PIXEL-TEMPLATES.COM (“PIXEL TEMPLATES”), AND IS APPLICABLE TO ONLINE DOWNLOAD, DIGITAL DELIVERY OF THE LICENSED MATERIAL.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS STATED HEREIN APPLY TO YOUR EMPLOYER AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER.

02

LICENSE

OUR COMPANY GRANTS YOU A LICENSE TO USE THE WEB TEMPLATES AND PRINT TEMPLATES AND OTHER PRODUCTS (THE “PRODUCTS”) SOLD THROUGH OUR WEBSITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS (THE “LICENSE”) ISSUED BY OUR COMPANY, AS FOLLOWS:

A) STANDARD LICENSE

 

WEBSITE TEMPLATES

YOU MAY BE GRANTED A STANDARD LICENSE (THE “STANDARD LICENSE”) IN CASE OF PURCHASING A WEBSITE TEMPLATE BY MAKING THE REQUIRED PAYMENTS. IT ENABLES YOU TO USE EACH INDIVIDUAL PRODUCT ON A SINGLE WEBSITE DOMAIN ONLY, BELONGING TO EITHER YOU OR YOUR CLIENT. YOU HAVE TO PURCHASE ANOTHER STANDARD LICENSE FOR THE SAME TEMPLATE AGAIN IF YOU WISH TO USE THE SAME DESIGN IN CONNECTION WITH ANOTHER CLIENT OR OTHER PROJECTS. YOU ARE AUTHORIZED TO MAKE NECESSARY MODIFICATION(S) TO OUR PRODUCTS TO FIT YOUR PURPOSES. THE STANDARD LICENSE ENTITLES YOU TO HAVE YOUR WEBSITE TEMPLATE CUSTOMIZED BY SUBCONTRACTORS, PROVIDED THAT SUCH SUBCONTRACTORS AGREE TO ABIDE BY THE RESTRICTIONS OF THIS AGREEMENT.

 

PRINT TEMPLATES

YOU MAY BE GRANTED A STANDARD LICENSE IN CASE OF PURCHASING A PRINT TEMPLATE BY MAKING THE REQUIRED PAYMENTS. IT ENABLES YOU TO USE EACH INDIVIDUAL PRODUCT FOR A SINGLE PRINTED MATTER ONLY, BELONGING TO EITHER YOU OR YOUR CLIENT. YOU HAVE TO PURCHASE ANOTHER STANDARD LICENSE FOR THE SAME TEMPLATE AGAIN IF YOU WISH TO USE THE SAME DESIGN IN CONNECTION WITH ANOTHER CLIENT, PRINT JOB OR OTHER PROJECTS. YOU ARE AUTHORIZED TO MAKE NECESSARY MODIFICATION(S) TO OUR PRODUCTS TO FIT YOUR PURPOSES. THE STANDARD LICENSE ENTITLES YOU TO HAVE YOUR PRINT TEMPLATE CUSTOMIZED BY SUBCONTRACTORS, PROVIDED THAT SUCH SUBCONTRACTORS AGREE TO ABIDE BY THE RESTRICTIONS OF THIS AGREEMENT.

 

B) RESELLER LICENSE

 

WEBSITE TEMPLATES AND PRINT TEMPLATES

YOU MAY BE GRANTED A RESELLER LICENSE (THE “RESELLER LICENSE”) IN CASE OF PURCHASING A WEBSITE TEMPLATE AND/OR PRINT TEMPLATE BY MAKING THE REQUIRED PAYMENTS. IT ENTITLES YOU TO REDISTRIBUTE OR RESELL AN UNLIMITED NUMBER OF STANDARD LICENSES OF OUR PRODUCTS ON A SINGLE WEBSITE DOMAIN ONLY. YOU MUST MAINTAIN THE PRODUCT AS IT IS AND SELL AT A PRICE EQUAL TO OR HIGHER THAN THE STANDARD LICENSE PRICE LISTED AT THE WEBSITE WWW.PIXEL-TEMPLATES.COM TO ENSURE HEALTHY COMPETITION. YOU ARE OBLIGATED TO USE THE SCREENSHOTS, PHOTOS, DEMO FILES (THE “MARKETING MATERIAL”) WE PROVIDE FOR PROMOTIONAL AND MARKETING PURPOSES. SEE THE TERMS AND CONDITIONS AS MENTIONED IN THE “MARKETING MATERIAL” SECTION OF THIS AGREEMENT.

03

LICENSED MATERIAL

ALL IMAGERY, CLIPARTS, ILLUSTRATIONS, FONTS, FILM, VIDEO, AUDIO, SOFTWARE AND SOURCE CODE FILES (THE “LICENSED MATERIAL”) USED IN OUR PRODUCTS ARE THE INTEGRAL PART OF OUR PRODUCTS. THE STANDARD LICENSE AND THE RESELLER LICENSE GIVE YOU THE RIGHT TO USE THE LICENSED MATERIAL ONLY AS A PART OF THE WEBSITE OR PRINTED MATTER YOU MAKE USING YOUR TEMPLATE. YOU CAN USE THE LICENSED MATERIAL TO DEVELOP ONE PROJECT ONLY. ANY KIND OF SEPARATE USAGE OR DISTRIBUTION IN WHOLE OR IN PART IS STRICTLY PROHIBITED. ALL IMAGES AND ILLUSTRATIONS USED IN OUR TEMPLATES COME IN THE PROVIDED LAYER STRUCTURE, AS IS.

04

MARKETING MATERIAL

IF YOU HAVE A RESELLER LICENSE, YOU ARE OBLIGATED TO USE THE SCREENSHOTS, PHOTOS, DEMO FILES AND OTHER MARKETING MATERIALS (THE “MARKETING MATERIAL”) PROVIDED WITH EACH INDIVIDUAL PRODUCT ONLY. PLACING ANY SOURCE FILES OF THE LICENSED MATERIAL OTHER THAN THE PROVIDED MARKETING MATERIAL IN WHOLE OR IN PART IN A RAW AND/OR UNPROTECTED FORMAT ON A WEBSITE OR ANY OTHER MEDIUM, WHICH CAN BE EXTRACTED AND/OR DOWNLOADED IS STRICTLY PROHIBITED.

05

MODIFICATIONS

YOU ARE AUTHORIZED TO MAKE NECESSARY MODIFICATION(S) TO OUR PRODUCTS TO FIT YOUR PURPOSES IN ACCORDANCE WITH THE TYPE OF LICENSE YOU ACQUIRE.

06

UNAUTHORIZED USE

IF YOU HAVE NOT RECEIVED THE RESELLER LICENSE, YOU SHALL NOT PLACE ANY OF OUR PRODUCTS, MODIFIED OR UNMODIFIED, ON A DISKETTE, CD, WEBSITE OR ANY OTHER MEDIUM. YOU ALSO SHALL NOT OFFER THEM FOR REDISTRIBUTION OR RESALE OF ANY KIND WITHOUT PRIOR WRITTEN CONSENT FROM OUR COMPANY. THE PRODUCTS MAY NOT BE USED IN A PORNOGRAPHIC, DEFAMATORY, LIBELOUS OR OTHERWISE ILLEGAL MANNER, WHETHER DIRECTLY OR IN CONTEXT OR JUXTAPOSITION WITH OTHER MATERIALS.

07

ASSIGNABILITY

YOU SHALL NOT SUB-LICENSE, ASSIGN, OR TRANSFER THE ANY MENTIONED ABOVE TO ANY ENTITY WITHOUT PRIOR WRITTEN CONSENT FROM OUR COMPANY. IF YOU HAVE A RESELLER LICENSE, YOU CAN ONLY RESELL OR REDISTRIBUTE THE PRODUCT AS PER THE TERMS AND CONDITIONS MENTIONED IN THE “LICENSE” SECTION OF THIS AGREEMENT.

08

REFUND POLICY

SINCE WWW.PIXEL-TEMPLATES.COM IS OFFERING NON-TANGIBLE, IRREVOCABLE GOODS WE DO NOT ISSUE REFUNDS AFTER THE PRODUCT IS SHIPPED, WHICH YOU ACKNOWLEDGE PRIOR TO PURCHASING ANY PRODUCT ON OUR WEBSITE. WE ONLY MAKE EXCEPTIONS WITH THIS RULE WHEN THE PRODUCT APPEARS TO BE NOT-AS-DESCRIBED ON A CASE BY CASE BASIS AT OUR SOLE DISCRETION. THE DEADLINE FOR ANY REFUND CLAIM IS ONE WEEK AFTER THE DELIVERY DATE. THE REFUND IS ISSUED TO YOU AFTER WE RECEIVE A WAIVER OF COPYRIGHT SIGNED BY YOU. THIS IS A REQUIRED CONDITION.

09

OWNERSHIP

YOU DO NOT CLAIM INTELLECTUAL PROPERTY RIGHT OR EXCLUSIVE OWNERSHIP TO ANY OF OUR PRODUCTS, MODIFIED OR UNMODIFIED. ALL PRODUCTS ARE THE SOLE PROPERTY OF WWW.PIXEL-TEMPLATES.COM AND/OR INDEPENDENT CONTENT PROVIDERS.

10

BACKUP COPY

AS A STANDARD LICENSE HOLDER, YOU ARE OBLIGATED TO MAKE ONE BACKUP COPY OF THE LICENSED MATERIAL PRIOR TO EDITING AND CUSTOMIZING YOUR TEMPLATE. THE BACKUP COPY OF THE LICENSED MATERIAL SERVES AS A PRECAUTIONARY MEASURE TO PREVENT DATA LOSS WHICH MAY OCCUR BY ACCIDENTALLY OVERWRITING AND REPLACING FILES BY EDITING AND CUSTOMIZING YOUR TEMPLATE. OUR COMPANY IS BY NO MEANS LIABLE FOR ANY DAMAGES AND OTHER LOSSES ARISING OUT OF THE FAILURE TO MEET THE OBLIGATIONS AS DESCRIBED HEREIN.

11

ACCOUNT INFORMATION

BY PLACING AN ORDER ON OUR WEBSITE WWW.PIXEL-TEMPLATES.COM, YOU ACKNOWLEDGE THAT ANY INFORMATION YOU HAVE SUBMITTED BY CREATING YOUR CUSTOMER ACCOUNT IS VALID, CORRECT AND TRUTHFUL. ANY PURCHASE OF ANY PRODUCTS ON OUR WEBSITE WHICH MAY COME FROM AN UNRELIABLE, INCORRECT OR ANONYMOUS ORIGINATOR WILL LEAD TO AN IMMEDIATE TERMINATION OF LICENSE.

12

TERMINATION OF LICENSE

THE LICENSE CONTAINED IN THIS AGREEMENT WILL TERMINATE AUTOMATICALLY WITHOUT NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT. UPON TERMINATION, YOU MUST IMMEDIATELY (A) STOP USING THE LICENSED MATERIAL, (B) DESTROY OR, UPON THE REQUEST OF OUR COMPANY, RETURN THE PRODUCT, AND (C) DELETE OR REMOVE THE LICENSED MATERIAL FROM ANY MEDIUM, WEBSITE, COMPUTER SYSTEM AND STORAGE (ELECTRONIC OR PHYSICAL) AND SHALL ENSURE THAT THE CLIENTS OF LICENSEE DO LIKEWISE.

13

WARRANTY

OUR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL OUR COMPANY OR ITS AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, OR OTHER LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR PRODUCTS. OUR COMPANY OFFERS NO WARRANTY AGAINST MINOR VARIATIONS IN THE SUPPLIED PRODUCT COMPARED TO THE ITEMS LISTED AND DESCRIBED ON OUR WEBSITE. DIFFERENT SYSTEM PREFERENCES, MONITOR SETTINGS, SOFTWARE RELATED APPLICATION PREFERENCES AND DIFFERENT OPERATING SYSTEMS CAN LEAD TO MINOR VARIATIONS ON YOUR MONITOR. THESE KINDS OF VARIATIONS CONSTITUTE NO CAUSE FOR NOTICE OF DEFECTS. OUR COMPANY GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH REGARD TO THE USE OF NAMES, TRADEMARKS, TRADE DRESS, REGISTERED, UNREGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY LICENSED MATERIAL. THE LICENSEE AGREES TO INDEMNIFY AND HOLD YORH EKIN HARMLESS AGAINST ALL CLAIMS ARISING OUT OF ANY BREACH OF THIS AGREEMENT.

14

THIRD PARTY SERVICES

OUR COMPANY MAY USE THIRD PARTIES TO PROVIDE CERTAIN SERVICES ACCESSIBLE THROUGH THE WEBSITE SUCH AS BUT NOT LIMITED TO PAYMENT SERVICES. YORH EKIN DOES NOT CONTROL THESE THIRD PARTIES OR THEIR SERVICES, AND YOU AGREE THAT OUR COMPANY WILL NOT BE LIABLE TO YOU IN ANY WAY FOR YOUR USE OF SUCH SERVICES. THESE THIRD PARTIES MAY HAVE THEIR OWN TERMS OF USE AND OTHER POLICIES. YOU AGREE TO COMPLY WITH SUCH TERMS AND POLICIES AS WELL AS THESE.

15

INFORMATION DISCLOSURE

YOU MAY NOT DISCLOSE ANY ORDER INFORMATION INCLUDING, BUT NOT LIMITED TO, ORDER NR, DOWNLOAD LINK, ETC.

16

COPYRIGHT

THE CONTENT, ORGANIZATION, GRAPHICS, DESIGN, COMPILATION, AND OTHER MATTERS RELATED TO OUR WEBSITE WWW.PIXEL-TEMPLATES.COM ARE PROTECTED UNDER APPLICABLE COPYRIGHTS, TRADEMARKS 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 OUR WEBSITE WITHOUT PRIOR WRITTEN PERMISSION FROM US IS STRICTLY PROHIBITED. YOU DO NOT ACQUIRE OWNERSHIP RIGHTS TO ANY CONTENT, DOCUMENT OR OTHER MATERIALS VIEWED THROUGH THE SITE. THE POSTING BY WWW.PIXEL-TEMPLATES.COM OF INFORMATION OR MATERIALS ON THE SITE DOES NOT CONSTITUTE A WAIVER OF ANY RIGHT IN SUCH INFORMATION AND MATERIALS.

17

PLACE OF JURISDICTION

THIS WEBSITE IS CONTROLLED AND OPERATED BY YORH EKIN FROM OUR OFFICE LOCATED AT THE ADDRESS AS INDICATED HEREIN. ALTHOUGH IT MAY BE TECHNICALLY ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD, YOU AGREE THAT YOUR USE OF THE YORH EKIN WEBSITE AND/OR ITS PRODUCTS SHALL BE CONSTRUED TO BE MADE FROM WITHIN THE CITY OF BERLIN, GERMANY AND YOU AGREE THAT THESE TERMS AND CONDITIONS AND YOUR USE OF THE YORH EKIN WEBSITE AND/OR ITS PRODUCTS SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL SUBSTANTIVE LAWS OF GERMANY, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. WE RECOGNIZE THE APPLICABILITY OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT. YOU FURTHER SUBMIT TO JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN THE CITY OF BERLIN, GERMANY, AND FURTHER AGREE THAT ANY CAUSE OF ACTION YOU MAY BRING ARISING UNDER YOUR USE OF THE YORH EKIN WEBSITE OR ANY PRODUCT, SERVICE OR PROGRAM PURCHASED BY YOU THROUGH THE YORH EKIN WEBSITE SHALL BE BROUGHT BY YOU EXCLUSIVELY IN A STATE OR FEDERAL COURT LOCATED IN THE CITY OF BERLIN, GERMANY. SERVICE OF PROCESS OF ANY PAPERS ON ANY PARTY SHALL BE MADE BY REGISTERED MAIL.

18

CONTACT

FOR QUESTIONS, INQUIRIES, OR CORRESPONDENCE OF ANY OTHER MATTER, USE THE CONTACT FORM ON OUR WEBSITE WWW.PIXEL-TEMPLATES.COM OR OUR MAILING ADDRESS AS STATED HEREIN:

YORH EKIN
CI / UX / DESIGN / ART

HELMHOLTZSTR. 9
D-12459 BERLIN
GERMANY

IN YOUR LETTER AND/OR EMAIL, DESCRIBE IN AS MUCH DETAIL AS POSSIBLE THE NATURE OF YOUR INQUIRY OR REQUEST. NOTE THAT YORH EKIN WILL ONLY PROCESS INQUIRIES OR REQUESTS WHICH DESCEND FROM A VALID ORIGINATOR. ANY INQUIRY OR REQUEST WE RECEIVE BY ELECTRONIC MAIL OR BY MAIL WHICH COMES FROM AN UNRELIABLE, INCORRECT OR ANONYMOUS ORIGINATOR WILL NOT BE PROCESSED.

PHONE

AUDIO

VIDEO

EMAIL

CI / UX / DESIGN / ART / MUSIC

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