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These terms and conditions (these “Terms”) apply to the purchase and sale of products and services, through www.landingfolio.com (collectively “Site”). These Terms are subject to change by Postcrafts (referred to as “Designbarn”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, at our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any license and downloading any Contents, that are available through this Site. Your continued use of this Site to download and/or use Content, after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. If you do not agree with any of the changes do not download or use any Content.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU, REGARDING ANY CONTENTS LICENSED TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY DOWNLOADING THE CONTENT FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR DOWNLOAD THE CONTENT FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DESIGN BARN INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Content. The terms “Content” as used herein, shall mean all contents available for license from our Site, including but not limited to components and collections available for download from the Site.
You can upload Components and Collections on Landingfolio. Landingfolio follows the structural procedure for uploading any content and holds all the rights to accept or to remove any content from the platform. If your uploaded content doesn’t follow Landingfolio Submission Guidelines or violating Terms of Services then Landingfolio will not accept the content or remove the already uploaded content.
In case of termination of the agreement, if you or Landingfolio remove or opt out of your content from the platform, the content which is already licensed to users will be applicable to use by them. Removed content will also be available for license to those customers that previously downloaded the “comp” version.
After you remove or opted out content from Landingfolio, we will make sure that your content is removed from all our partner/affiliate website within 30 days period.
Once Landingfolio grant the license of any content which is later removed from the platform issued licensed will remain in full force and effect.
Landingfolio holds all the rights to use your content in promotional work.
Order Acceptance and Cancellation.
Landingfolio and various contributors who provides Contents to us (“Partners”) own all rights to the Contents. Subject to the terms and conditions of these Terms, Landingfolio hereby grants you an ongoing, personal, non-exclusive, non-transferable, and non-sublicensable license, to use, reproduce, perform, display, transmit the Content. Except as granted herein, all rights to the Content are expressly reserved by Landingfolio for itself and its Partners.
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION, (A) EACH PARTY HEREBY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, UNDER THIS AGREEMENT; AND (B) Landingfolio MAKES NO REPRESENTATION AND WARRANTY AS TO USE OF ANY NAME, TRADEMARK OR WORK OF ART DEPICTED IN THE CONTENT; (C) Landingfolio SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE CONTENT YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall only apply to the extent permitted by law.
Fees and Refunds.
Customization or Derivative Work.
Governing Law and Jurisdiction.
Dispute Resolution and Binding Arbitration.
YOU AND Landingfolio ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR Landingfolio WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS/LICENSEES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
No Third-Party Beneficiaries.