1. Introduction

Welcome to the Website of pickmytemplates (“we” or “us”). This Terms and Conditions Agreement (“Terms”) shall govern your use of our Website, inclusive of all online materials, content, software, services provided or available on our Website www.pickmytemplates.com (collectively “Website”). pickmytemplates is an online marketplace for creatives, individuals and organizations to buy and sell creative content such as fonts, logoes, images, patterns, templates, themes and et cetera from all parts of the world.

1.1 By using our Website, you accept these Terms in full and signify that you have read, understood, and agree to be bound by this Terms; accordingly, if you disagree with these Terms or any part of these Terms, you must not use our Website.

1.2 If you register with our Website, submit any material to our Website or use any of our Website services, you have expressly agreed to these Terms.

1.3 You must be at least 18 years of age to use our Website; and by using our Website or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.

1.4 These Terms apply to all users of the Website, including without limitation users who are browsers, Sellers, Buyers, merchants, and/or Content Providers.

1.5 Our Website uses cookies; by using our Website or agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

1.6 We reserve the right to update from time to time by publishing a new version on our Website. You should check this page occasionally to ensure you are aware with any changes to these Terms.

2. Copyright Notice

Copyright (c) 2016 “pickmytemplates”, the pickmytemplates logo and any other pickmytemplates product, service name or slogan contained in this Website are trade marks of pickmytemplates.

All of the content featured or displayed on this Website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively, “Content”) is owned by pickmytemplates, its Licensors, Content Providers and Sellers.

Subject to the express provisions of these Terms:

(a) we, together with our Licensors, Content Providers and Sellers, own and control all the copyright and other intellectual property rights in our Website and the material and Content on our Website; and
(b) all the copyright and other intellectual property rights in our Website and the material and Content on our Website are reserved.

You shall indemnify pickmytemplates, its Affiliates, Licensors, Content Providers and Sellers against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of this Website and related rights.

3. Licence To Use Website

You are granted a limited, non-sublicensable license to access and use the Website and its services, subject to these Terms.  Except as expressly provided otherwise in these Terms or on the website.

3.1 You may:

(a) view pages from our Website in a web browser;
(b) download pages from our Website for caching in a web browser;
(c) print pages from our Website;
(d) stream audio and video files from our Website; and
(e) use our Website services by means of a web browser.

subject to the other provisions of these Terms.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these Terms, you must not download any material from our Website or save any such material to your computer, edit or otherwise modify any material on our Website.

Unless you own or acquired the relevant rights in the material, you must not:

(a) republish material from our Website (including republication on another website);
(b) sell, rent or sub-license material from our Website;
(c) show any material from our Website in public;
(d) exploit material from our Website for a commercial purpose; or
(e) redistribute material from our Website.

3.3 Notwithstanding Section 3.2, you may redistribute our newsletter in print and electronic form to any person. You may share our Facebook, Twitter, Instagram, Pinterest, Blog and our other social media updates and with any person.

We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

3.4 You must not:

(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
(e) access or otherwise interact with our Website using any robot, spider or other automated means; and
(f) use data collected from our Website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

You must not use data collected from our Website to contact individuals, companies or other persons or entities. You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.

4. Registration And Accounts

You may register for an account with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you. We may use your email address to send you notifications on changes to our service, news updates and special offers.

You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person’s account to access the Website, unless you have that person’s express permission to do so.

5. User IDs And Passwords

If you register for an account with our Website, we will provide you with/you will be asked to choose a user ID and password. You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

6. Cancellation And Suspension of Account

We may:

(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,

at any time in our sole discretion without notice or explanation.

You may cancel your account on our Website using your account control panel on the Website.

7. Your Content: Licence

In these Terms, “Your Content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.

7.1 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute Your Content in any existing or future media/reproduce, store and publish Your Content on and in relation to this Website and any successor website/reproduce, store and, with your specific consent, publish Your Content on and in relation to this Website.

7.2 You grant to us the right to sub-license the rights licensed under Section 7.1.

7.3 You grant to us the right to bring an action for infringement of the rights licensed under Section 7.1.

7.4 You hereby waive all your moral rights in Your Content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in Your Content have been waived to the maximum extent permitted by applicable law.

7.5 You may edit Your Content to the extent permitted using the editing functionality made available on our Website.

7.6 Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached this Terms in any way, we may delete, unpublish or edit any or all of Your Content.

8. Your Content: Rules And Code of Conduct

You warrant and represent that Your Content will comply with these Terms. Your Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

8.1 Your Content, and the use of Your Content by us in accordance with these Terms, must not:

(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.

8.2 Code of Conduct as a Buyer and Seller:

pickmytemplates cares for our community. Mutual respect among the Sellers, Buyers and our pickmytemplates team will help grow and nurture our community into a better place to pick what you love and create art with heart. Code of Conduct is important, we prohibit bad behavior with negative exchanges, postings and publishing such as disparaging comments, threats, harassment and interference towards other Sellers or Buyers.

9. User Comments, Submissions And Feedback

If, at our request, you send certain specific submissions for example portfolio samples, links, qualifications, certifications or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments and Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments and Submissions that you forward to us. We are and shall be under no obligation –

(a) to maintain any comments in confidence;
(b) to pay compensation for any comments; or
(c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove Comments and Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

10. Fees And Paid Services

10.1 You agree to the pricing and payment Terms as we may update them from time to time. pickmytemplates may add new services such as Membership Plans, Subscription Plans and others, for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

10.2 You may cancel your account at any time; however, there are no refunds for cancellation. In the event that pickmytemplates suspends or terminates your account or this Terms for any reason, you understand and agree that you shall receive no refund or exchange for any pickmytemplates property, any credits you have saved, any license or subscription fees for any portion of the service, any content or data associated with your account, or for anything else.

11. Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction on our Website must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction on our Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

12. Third Party Links

The Website may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by pickmytemplates. We do not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access a third party website on our Website, you do so at your own risk, and you understand that this Agreement and pickmytemplates’s Privacy Policy do not apply to your use of such sites. You expressly relieve pickmytemplates from any and all liability arising from your use of any third party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on our Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that pickmytemplates shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

13. Limited Warranties

We do not warrant or represent:

(a) the completeness or accuracy of the information published on our Website;
(b) that the material on the Website is up to date; or
(c) that the Website or any service on the Website will remain available.

We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.

14. Limitations And Exclusions Of Liability

14.1 Nothing in these Terms will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.

14.2 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these Terms:

(a) are subject to Section 14.1; and
(b) govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable for any private agreement made between the Buyer and Seller, or any failure of the Buyer or Seller to meet the agreement that they have struck. We will not be liable for any loss or damage of any nature, arising out of any event or events beyond our reasonable control. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software, special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

15. Breaches Of These Terms

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Website;
(c) permanently prohibit you from accessing our Website;
(d) block computers using your IP address from accessing our Website;
(e) contact any or all your internet service providers and request that they block your access to our Website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our Website.

Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

16. Variation

We may revise these Terms from time to time.

The revised Terms shall apply to the use of our Website from the date of publication of the revised Terms on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.

By using our Website, you have expressly agreed to these Terms in full, you have also agreed to any revision of these Terms; and if you do not give your express agreement to the revised Terms within such period as we may specify, we will disable or delete your account on our Website, and you must stop using this Website.

17. Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

18. Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19.  Third Party Rights

These Terms are for our benefit and your benefit, and these Terms are not intended to benefit or be enforceable by any third party. The exercise of the third parties’ rights under these Terms is not subject to the consent of any third party.

20. Entire Agreement

Subject to Section 14.1, these Terms, together with our Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.

21. Law And Jurisdiction

These Terms shall be governed by and construed in accordance with Singapore law. Any disputes relating to these Terms shall be subject to the exclusive/non-exclusive jurisdiction of the courts of Singapore.

22. Our Details

This Website, pickmytemplates.com is owned and operated by pickmytemplates

We are registered in Singapore under registration number 53308024W and our registered address is at 667B Jurong West Street 65 #10-167 S642667.

You can contact us by writing to the business address given above, by using our Website contact form, or by email to contact@pickmytemplates.com.