Terms & Conditions
Last Updated: May 1, 2024
1. Introduction
Welcome to DmapKert. These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of our website dmapkert.com (the "Site") and the services offered through the Site (collectively, the "Services").
Please read these Terms carefully before using the Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access the Site or use our Services.
2. Definitions
In these Terms:
- "Company", "we", "us", or "our" refers to DmapKert.
- "User", "you", or "your" refers to the individual or entity accessing or using the Site or Services.
- "Content" refers to all text, images, graphics, photos, audio, video, information, or other materials that are available on the Site.
- "Products" refers to the digital templates, UI/UX elements, logos, and other design resources available for purchase on the Site.
3. Use of the Site
3.1 Eligibility
To use our Services, you must be at least 16 years old. By using the Site, you represent and warrant that you meet this requirement.
3.2 Account Creation
Some parts of our Site require you to create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Be responsible for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to disable any user account if we believe you have violated these Terms.
3.3 Acceptable Use
When using the Site, you agree not to:
- Use the Site in any way that violates any applicable law or regulation
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
- Use the Site to send, knowingly receive, upload, download, or use any material that is unlawful, defamatory, obscene, or otherwise objectionable
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack
- Use any automated means or device to access, scrape, or data-mine the Site
- Use the Site for any commercial solicitation purposes without our prior written consent
4. Products and Purchases
4.1 Product Information
We strive to provide accurate descriptions of our Products. However, we do not warrant that Product descriptions or other Content on the Site are accurate, complete, reliable, current, or error-free.
4.2 Pricing and Payment
All prices displayed on the Site are in USD unless otherwise specified. We reserve the right to change prices at any time. Payment must be made through one of our approved payment methods. By providing payment information, you represent and warrant that you have the legal right to use the payment method provided.
4.3 Order Acceptance
Your order is an offer to purchase our Products. We reserve the right to accept or decline your order for any reason, including but not limited to Product availability, errors in Product or pricing information, or problems with your payment information.
4.4 Delivery of Digital Products
Upon completion of your purchase, you will receive access to download your digital Products. We are not responsible for any delay or failure to deliver if caused by your provision of inaccurate or incomplete information.
5. Intellectual Property Rights
5.1 Site Content
The Site and its entire Content, features, and functionality are owned by DmapKert, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our express prior written consent.
5.2 License for Products
When you purchase a Product from us, we grant you a non-exclusive, non-transferable license to use the Product subject to the following conditions:
- You may use the Product for personal or commercial projects
- You may modify the Product to suit your needs
- You may not redistribute, resell, lease, license, sub-license or offer the Product to any third party
- You may not use the Product to create derivative products for resale
- You may not use the Product in any way that could be considered defamatory, libelous, obscene, or illegal
Some Products may come with additional license terms, which will be specified at the time of purchase.
5.3 User Contributions
If you provide any content to the Site (such as reviews or comments), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute such content for any purpose.
6. Limitation of Liability
To the fullest extent permitted by law, DmapKert shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Site or Services
- Any conduct or content of any third party on the Site
- Any content obtained from the Site
- Unauthorized access, use, or alteration of your transmissions or content
Our total liability to you for all claims arising from or related to the Site or these Terms shall not exceed the amount paid by you, if any, for accessing the Site or purchasing Products during the six (6) months prior to the claim.
7. Disclaimers
The Site and all Content and Products are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.
8. User Conduct
As a user of the Site, you agree to conduct yourself in a respectful and lawful manner. When interacting with other users or submitting content to the Site, you agree not to:
- Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Upload or transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
- Upload or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation
- Upload or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
- Interfere with or disrupt the Site or servers or networks connected to the Site
- Violate any applicable local, state, national, or international law
We reserve the right, but not the obligation, to monitor and remove or refuse any content that violates these Terms or is otherwise objectionable.
9. Indemnification
You agree to defend, indemnify, and hold harmless DmapKert, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.
10. Termination
We may terminate or suspend your account and access to the Site immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site or contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Site.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the courts located in the United Kingdom, and you consent to the personal jurisdiction of such courts.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and DmapKert regarding your use of the Site and Services.
15. Contact Information
If you have any questions about these Terms, please contact us:
- By email: legal@dmapkert.com
- By mail: 75 Tim Meadows, New Peterland, EX32 2BA, United Kingdom
- By phone: +44 801 496 6290