Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://aquul.com/ (“the Site”) operated by AquuL (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://aquul.com/. We may alter the terms of this agreement from time to time without prior notice to you. Your continued use of the Site or Products (“templates”, “assets”) after any such changes constitutes your acceptance of the new Terms and Conditions.
By accessing or using the Site in any manner, including, but not limited to, visiting, browsing, downloading files, using our files, or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by AquuL and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
By downloading or using AquuL Templates, you agree to follow the Template License outlined on each templates respective page. If a no-attribution license has been purchased, we grant the Licensee a non-exclusive limited license (attribution waiver) to use the template in accordance with these Terms and Conditions. This Agreement is a license, not an agreement of sale. Licensee shall not acquire any copyright ownership or equivalent rights to any of the Licensed Content, and AquuL and its Licensed Content sources retain all right, title, and interest in and to all of the copyrights, trademarks, trade secrets, and all other proprietary rights in the Licensed Content. All rights in and to Licensed Content not expressly granted in this agreement are retained by AquuL. If you modify the contents of our templates after downloading, any copyright infringement you suffer we are not responsible for.
All imagery/video/audio assets provided with our project files are royalty-free. Limited-usage License gives you the right to use images/video/audio assets only as a part of the video you create using your AquuL template. Any kind of separate usage or distribution is prohibited.
You may use each file on a single computer only, which is not a server or fileserver, belonging to either you or your employer. You may render an unlimited number of videos from your template and are free to share the rendered video as long as you do not claim intellectual rights to the design and follow the license associated to that template. You may not use the Content in products for resale, license or other distribution.
You may not place any of our files, modified or unmodified, on a diskette, CD, website or any other media and offer them for redistribution or resale of any kind without prior written consent from its copyright holders and AquuL.
Termination of Use
AquuL may at its sole discretion terminate or limit your use of the Site for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in AquuL’s sole opinion adversely impacts the operation of the Site. AquuL may so terminate or limit your use of the Site without prior notice to you. If such termination or limitation is for reasonable cause, AquuL will not be obligated to refund any fees paid by you.
All sales of Licensed Content are final and cannot be returned. Except for material defects, provided for in the Warranties and Limitation of Liability described above, there are no refunds on sales of Licensed Content. Prices, offers and products are subject to availability and may change. Licensee is responsible for paying any and all applicable sales taxes, use taxes, value added taxes, customs and duties imposed by any jurisdiction as a result of the license granted or of the use of the Licensed Content, pursuant to this Agreement, in addition to the price paid to AquuL. Any issue of the payment made by PayPal the guidelines of PayPal will apply.
Since AquuL is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the download is initiated, unless there is a substantial case to be argued, in which case it is down to the discretion of AquuL to review the case. As a customer you are responsible for understanding this upon purchasing any item at our site.
AquuL hereby waives all warranties express and implied, including but not limited to the warranties of merchantability and fitness for an intended use, in connection with the site.
You agree to indemnify, defend and hold AquuL and its affiliates, and their respective directors, officers, employees, shareholders, agents and producers of the Content harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees) incurred by any AquuL Party as a result of (i) any breach by You of this Contract; (ii) any claim threatened or asserted against any AquuL Party that alleges that You have breached this Contract or infringed any copyrights, trade secrets, trademarks, right of privacy, right of publicity or other intellectual or other property rights of any third party. AquuL reserves the right, at Your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You agree to cooperate with AquuL’s defense of such claim.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by AquuL.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.