These terms and conditions set out the terms and conditions between you, (the Customer/Client), and Next Mauve LLC (“us”, “we”), governing the use of our website and our downloadable digital products including the content therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
The Product:
The Company agrees to provide the digital products to the Client as outlined below.
After purchasing a digital product(s), Client will be given access to the product materials within 24 hours through a Canva link. Product may only be edited on Canva’s website. The Company provides templates that may or may not require a Canva Pro subscription for use. Client may change out photos, fonts, and texts in the templates. Client will have unlimited access to the materials, from the date of purchase, so long as the product(s) is/are available.
License: Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of your own personal use and reference, and in the case of downloadable digital products, print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
Price and Payment:
(a) The Client agrees to pay the Company the fee indicated on the online shopping cart. Payment may be made via a secure online credit card service upon purchase on the Company’s website.
(b) If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
(c) Due to the nature of digital products being immediately accessible upon purchasing, payments or fees shall not be refundable under any circumstances.
Refunds and Chargebacks: Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
Intellectual property: The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Warranties and Liabilities: We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Term and Termination:
a) We may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting to the website www.nextmauve.com
(b) Client will have unlimited access to the materials purchased, starting on the date of payment, so long as the product(s) is/are available.
Miscellaneous:
(a) This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
(b) This Agreement constitutes the entire understanding between the Company and the Client respecting the Services described herein. This Agreement may be modified only in writing and signed by both parties.
(c) If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
(d) The failure of either party to exercise its rights under this Agreement shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
9. Indemnification
The Client shall indemnify and keep the Company indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by the Company in respect of any third parties as a result of the provision of the Services in accordance with the Order, Specification, or the content of the Client’s advertising or web pages which result in claims or proceedings against the Company for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
10. Electronic Communications, Transactions, and Signatures
Electronic communications include visiting the Site, sending us emails, and completing online forms. You agree to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE.
You hereby waive any rights or obligations under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or payments or credit granting by any means other than electronic means.
11. Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site.
You acknowledge and agree that company or its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents or that any goods, services, digital products, information or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available or content are free of viruses or other harmful components or destructive code.
12. Modifications and Corrections
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
13. Dispute Resolutions
Informal Negotiations
To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Next Mauve LLC, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Next Mauve LLC may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Next Mauve LLC.
Binding Arbitrations
All disputes arising out of this agreement shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.
14. Restrictions
The power and authority of the arbitrator shall be strictly limited to the interpretation of the explicit terms of this Agreement as herein expressly set forth. He shall not have the authority to add to, subtract from, or modify any of said terms or to limit or impair any right that is reserved to the County or Union or employees or to establish or change any wage or rate of pay that has been agreed in this Agreement.
15. Exceptions to Informal negotiations and Arbitration
You and Next Mauve LLC agree that the following Disputes are not subject to the above provisions concerning informal Dispute resolution and arbitration: (a) Disputes concerning the enforcement, protection or validity of intellectual property rights belonging to you or Radial; (b) Disputes concerning allegations of invasion of privacy, piracy, theft or unauthorized use; and (c) claims for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Product:
The Company agrees to provide the digital products to the Client as outlined below.
After purchasing a digital product(s), Client will be given access to the product materials within 24 hours through a Canva link. Product may only be edited on Canva’s website. The Company provides templates that may or may not require a Canva Pro subscription for use. Client may change out photos, fonts, and texts in the templates. Client will have unlimited access to the materials, from the date of purchase, so long as the product(s) is/are available.
License: Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of your own personal use and reference, and in the case of downloadable digital products, print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
Price and Payment:
(a) The Client agrees to pay the Company the fee indicated on the online shopping cart. Payment may be made via a secure online credit card service upon purchase on the Company’s website.
(b) If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
(c) Due to the nature of digital products being immediately accessible upon purchasing, payments or fees shall not be refundable under any circumstances.
Refunds and Chargebacks: Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
Intellectual property: The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Warranties and Liabilities: We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Term and Termination:
a) We may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting to the website www.nextmauve.com
(b) Client will have unlimited access to the materials purchased, starting on the date of payment, so long as the product(s) is/are available.
Miscellaneous:
(a) This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
(b) This Agreement constitutes the entire understanding between the Company and the Client respecting the Services described herein. This Agreement may be modified only in writing and signed by both parties.
(c) If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
(d) The failure of either party to exercise its rights under this Agreement shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.
9. Indemnification
The Client shall indemnify and keep the Company indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by the Company in respect of any third parties as a result of the provision of the Services in accordance with the Order, Specification, or the content of the Client’s advertising or web pages which result in claims or proceedings against the Company for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
10. Electronic Communications, Transactions, and Signatures
Electronic communications include visiting the Site, sending us emails, and completing online forms. You agree to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE.
You hereby waive any rights or obligations under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or payments or credit granting by any means other than electronic means.
11. Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site.
You acknowledge and agree that company or its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents or that any goods, services, digital products, information or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available or content are free of viruses or other harmful components or destructive code.
12. Modifications and Corrections
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
13. Dispute Resolutions
Informal Negotiations
To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Next Mauve LLC, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Next Mauve LLC may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to Next Mauve LLC.
Binding Arbitrations
All disputes arising out of this agreement shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.
14. Restrictions
The power and authority of the arbitrator shall be strictly limited to the interpretation of the explicit terms of this Agreement as herein expressly set forth. He shall not have the authority to add to, subtract from, or modify any of said terms or to limit or impair any right that is reserved to the County or Union or employees or to establish or change any wage or rate of pay that has been agreed in this Agreement.
15. Exceptions to Informal negotiations and Arbitration
You and Next Mauve LLC agree that the following Disputes are not subject to the above provisions concerning informal Dispute resolution and arbitration: (a) Disputes concerning the enforcement, protection or validity of intellectual property rights belonging to you or Radial; (b) Disputes concerning allegations of invasion of privacy, piracy, theft or unauthorized use; and (c) claims for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
