Last Modified: 1.1.2024
Use and Consent
Please read these Terms of Use for Digital Product Purchase (hereinafter “Terms of Use”) carefully and in their entirety before purchasing a digital download or digital course (hereinafter “Digital Product”) from Melo Creative LLC.
These Terms of Use are entered into by and between Melo Creative LLC (hereinafter “we,” “our,” “us”) and you.
Your purchase of a Digital Product constitutes your voluntary acceptance to be bound by these Terms of Use, whether you have read them or have had the opportunity to read them and have chosen not to.
This website and any Digital Products offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not purchase, use, or view our Digital Products.
Privacy Policy
We respect your privacy and permit you to control the treatment of your personal information. Please read our Privacy Policy here.
Order Confirmation and Payment Details
We will email you to confirm the placement of your order and with details concerning your Digital Product purchase.
In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Payments
The purchase of a Melo Creative Showit Website Template with the add-ons, resources, and bonuses are due in full at time of purchase.
The cost of your Digital Product and the payment terms are as reflected on the sales page.
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.
If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your access to the Digital Product, thereby terminating these Terms of Use and all of our obligations hereunder.
It is your responsibility to notify Melo Creative LLC if your credit card has changed or has expired and to make appropriate changes or your access to the Digital Product may either be suspended or terminated.
We reserve the right to refer collection of the outstanding balance to an attorney or collections agency. If your outstanding balance is referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.
All of the personal information that you provide as part of the purchase process for any Digital Product may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.
Refunds
Due to the extensive time and effort that goes into our Digital Products, there is no refund policy.
We do not tolerate or accept any type of chargeback from your credit card company.
Termination
We reserve the right to terminate your access to the Digital Products at any time for any reason, including for your breach of these Terms of Use.
Intellectual Property Protection and Personal Use
Our Digital Products as well as the materials contained therein, including, but not limited to, videos, photos, graphics, designs, and other files, are the proprietary property of Melo Creative LLC and are protected by United States intellectual property rights.
Melo Creative LLC grants you a limited non-exclusive non-transferable license to view, copy, download, and/or print any Digital Products you purchase from us solely for your personal, non-commercial use with respect to your business. The rights granted to you constitute a license and not a transfer of title. You may not share the cost of any Digital Product or the Digital Product itself with any third party.
You agree that you will not use the Digital Products you purchase from Melo Creative LLC to create a competing product.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any Digital Products you purchase from us, except as expressly authorized herein.
Nothing contained in the Digital Products should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Melo Creative LLC or by any third party.
Any other use of any Digital Product you purchase from Melo Creative LLC, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our Digital Products in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
User Limitations
You agree to use our Digital Products for lawful purposes only and agree not to violate or attempt to violate any security features of www.melo-creative.com/the-shop including, but not limited to:
Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of www.melo-creative.com/the-shop or any associated system or network, or to breach security or authentication measures without proper authentication;
Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to www.melo-creative.com/the-shop, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
Using www.melo-creative.com/the-shop to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
Forging any TCP/IP packet header or any part of the header information in any email or in any posting to www.melo-creative.com/the-shop; or
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing www.melo-creative.com/the-shop.
You understand that any violation of system or network security may subject you to civil and/or criminal liability. Melo Creative LLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Legal and Financial Disclaimer
You understand and agree that our Digital Products are intended to provide information and education. You agree that the information provided is not business, financial, or legal advice.
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular personal, business, and financial situation so that you can take the right steps for you and your situation.
Earnings Disclaimer
You understand and agree that our Digital Products are intended to provide information and education to assist you in attaining your goals.
You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.
No Warranty or Liability
The information provided in our Digital Products is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our Digital Products or for any errors or omissions in same.
The use of our Digital Products is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. We assume no liability for any computer virus or other similar software code that is downloaded to your computer from our Digital Products.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MELO CREATIVE LLC AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE OUR DIGITAL PRODUCTS; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR DIGITAL PRODUCTS; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
MELO CREATIVE LLC’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL NOT EXCEED $100 (USD). We expressly exclude any liability to the fullest extent of the law.
By purchasing a Digital Product, you agree to this limitation of liability and release Melo Creative LLC from any and all claims.
Indemnification
You agree at all times to defend, hold harmless, and indemnify Melo Creative LLC, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of our Digital Products, as well as any third party claims of any kind arising from your actions in relation to our Digital Products (including any content you submit, post to, or transmit through our website.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products in our Digital Products does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Affiliate Disclosure
We may choose to provide an affiliate link to products and/or services that we believe align with our own Digital Products. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third Party Links
We may provide a link to a third-party website in our Digital Products. These links are provided for your education and information only and are not an endorsement by us.
You agree that we are not responsible for the content, availability, or accuracy of other websites that may be linked to our Digital Products. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree we are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from ours. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
Notices
All notices to us under these Terms of Use shall be in writing and properly addressed as follows:
Melo Creative LLC
melo@melo-creative.com
Amendments
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Such amendments are effective immediately upon us posting the revised Terms of Use to www.melo-creative.com/the-shop. Your purchase and/or use of any Digital Product following any amendment to these Terms of Use will constitute your agreement and acceptance of the revised Terms of Use.
No Assignment
These Terms of Use are not assignable, delegable, sublicensable, or otherwise transferable by you. Any assignment, delegation, sublicense, or transfer by you is null and void.
Waivers
No failure to exercise and no delay in exercising any right, remedy, or power under these Terms of Use shall operate as a waiver thereof.
Dispute Resolution and Jurisdiction
These Terms of Use shall be governed and construed according to the laws of the State of New Jersey, without regard to conflict of laws principles. The nearest state and federal court to Brooklyn, New Jersy shall have exclusive jurisdiction over any case or controversy arising from our products and/or e-courses.
By purchasing a Digital Product from Melo Creative LLC, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that Melo Creative LLC must make a claim for any breach of these Terms of Use by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.
Severability
If any provision of these Terms of Use shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
Demo Template Content Disclaimer & Licensing
Within the purchase download Melo Creative LLC utilizes licensed stock photography and licensed fonts that DO NOT transfer ownership to purchasers. By agreeing to these terms you agree to not utilize any of the example imagery on your website or utilize the fonts within the example without purchasing a license to do so. Melo Creative LLC has provided links on the delivery of purchase to obtain these licenses.
Site Credit Disclaimer
As the proprietary information and copyright associated with the template purchased belongs to Melo Creative LLC, we ask that you do not delete the site credit at the bottom of the website to direct the audience to Melo Creative LLC.
Designer Purchasing Clause
Melo Creative LLC recognizes the usefulness of the website templates and its' intended use for a fellow designer in the field. While we do not wish to deter Designers from purchasing and utilizing this for their potential clients we ask that you agree to the following:
All templates are subject to one license per Showit Account (meaning if used for multiple clients please purchase additional licenses).
Selling and/or redistributing any design/template is forbidden.
Claiming ownership of any design/template is forbidden. However, you may use the terms "Website Template Customized By" when referring to credit without deleting Melo Creative LLC's credit.
Copying and/or offering similar designs are forbidden.
If any of these agreed terms are found to be breached, Melo Creative LLC will reach out once to resolve the issue and if needs are not met after 14 days Melo Creative LLC is within right to take potential legal action.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF USE, PLEASE CONTACT:
Email: melo@aboutmondays.com
