These terms and conditions (the "Terms and Conditions") govern the use of www.ooh-nice.com (the "Site"). This Site is owned and operated by LUMO DESIGN STUDIO PTY LTD. This Site is a template selling website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

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PAYMENT TERMS

We accept the following payment methods on our Site:

• Credit Card; and

• Stripe​

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

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PRODUCT LICENSE

You are not permitted to share any Ooh, Nice branded products that you have purchased with any other third party or attempt to copy or re-distribute the product and/or design elements in any way.

Each product license is for one use of the product, which is licensed directly to you for your singular personal or business use. You are not permitted to use the Company’s product on multiple websites if you have multiple businesses or personal uses, as each purchase is for a singular license to utilize the product. Any violation of this clause shall result in an immediate termination of your license to use the product and a fee equal to the cost of an approximate estimate of additional license(s) violated without authorization in addition to any attorney’s fees or other fees applicable, not as penalty, but as liquidated damages for this infringement of the Company’s intellectual property and violation of this Agreement.

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NO REFUND POLICY

All digital products, websites, templates, downloads, and any other purchases made on this Site are non-refundable under any circumstances. Purchased products cannot be exchanged for other products.

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INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for Your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

All digital products are protected by intellectual property rights and are not to be resold, repackaged, shared, or distributed without the written consent of the Company. 

The Company does not tolerate any infringement, exploitation, or misappropriation of its copyrighted property by You or any other third-party entities. All of the products sold on the Company’s Site are protected by copyright and trademark laws, and the Company shall use all measures to assert and protect its rights in those products and prevent them from being used by unauthorized users.

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LICENSE TO USE OOH, NICE PRODUCTS

Any and all purchases made on the Site for any Ooh, Nice products do not constitute purchases for ownership over the Company’s products or services. Your purchase will not qualify as transferring any ownership rights, privileges, or abilities to exercise control over the product in a manner that exceeds the limited use you are permitted under these Terms. Any and all purchases made on the Site constitute the granting of a limited, non-transferable, non-sublicensable, non-exclusive license to use the products for their intended purposes. Any use that exceeds the intended use of the Company’s product shall result in the immediate revocation of this license to use the Company’s product, and You must immediately cease Your use of the product. All digital products are to be considered shipped and delivered upon completion of the purchasing process and access to the product being granted to You by the Company. 

You are not permitted to make any copies of the Company’s branded products, provide access to it to any third parties, any persons, or entities other than Yourself, Your agents, and employees. You may not sublicense, distribute or pledge the Company’s products or any of the rights herein to any third party. Additionally, You will not use any third-party software, including any open-source software, in conjunction with any of the Company’s products, unless You ensure that such use does not cause the products to become subject to any third-party license applicable to such third party software or require the public disclosure or distribution of any other products or the licensing of any products, software, or material for the purpose of making derivative works. Finally, You shall not modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Company’s source code or underlying ideas, techniques, or algorithms.

 

LICENSED IMAGES

All images that are included in any Ooh, Nice products are either the Intellectual Property of the Company, or they are licensed intellectual property that the Company has licensed from third parties for use in its products. These licenses belong to the Company, and Your purchase of any Tonic Site Shop products does not constitute a purchase, lease, assignment, or transfer of any licenses to these images contained within the products. By accepting these terms and conditions, You understand and agree that You will not tamper with, sell, transfer, copy, modify, or otherwise edit any of the licensed images in the Ooh, Nice products. 

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LICENSED FONTS

All fonts used across Ooh, Nice products are Open-Source and free to use. By using this Site, along with any Ooh, Nice products, You understand and agree that You will be exposed to various fonts that are integrated into their software. These fonts represent licensed software packages from third party vendors that have entered into agreements with the Company to use their software in the Ooh, Nice products. You are not entitled to in any way modify, copy, transfer, or otherwise make use of these fonts beyond their intended uses within theOoh, Nice products.

 

PERMISSION TO USE WRITTEN COPY

The Company includes multiple examples of copy, writing, or text within the Ooh, Nice products that they sell. When You purchase these products from the Company, You are granted permission to modify, edit, copy, or otherwise change the text that is contained within the Ooh, Nice products. The Company recommends that You use the copy that is contained within the products as an example that You may use to inspire Your own words that You may want to use. You are responsible for making these edits and modifications to the copy when You purchase a product from the Company on its Site, and You understand that the Company is not responsible for assisting You or otherwise making any changes to the copy for You. Additionally, You understand that other purchasers may be utilizing the same copy.

 

EDITING AND UPDATING OOH,NICE PRODUCTS

The Company has produced the products and services on its Site for the purpose of providing You a template that You can customize to fit Your unique needs as a part of Your online brand and presence. You understand that You are responsible for editing the template once You have received it to ensure that it will function properly on Your website. The Company is not required to assist You in setting up the template once You have received it. You may contact the Company if You are experiencing any technical issues not of Your own creation, so that the Company may discover the issue and attempt to correct it if it is an issue inherent in the software. You are permitted to edit the template within the boundaries, parameters, and instructions that are built into the template. You are not permitted to edit the template beyond the established boundaries, and any attempt to do so will result in a violation of these terms and conditions and will void Your license to use the template.

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We do not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. We are not liable for any statements or representations in Your Contributions provided by You in any area on the Site. You are solely responsible for Your Contributions to the Site and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor Your Contributions.

 

MODIFICATIONS AND INTERRUPTIONS

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. It is Your responsibility to review this policy for any changes or updates to the “Last updated” date, and if such an update has occurred then to examine these terms and conditions for the newest provisions or modifications.

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. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

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CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

USER DATA

We will maintain certain data that You transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to Your use of the Site. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site. You agree that we shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.

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MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between You and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between You and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

The Company is not responsible for its delay of performance or inability to perform if performance is impossible, illegal, and/or inadvisable because of, for example, fire, riot, acts of God, acts of terrorism, war, epidemics, pandemics, contagions, and/or states of emergency or other similar events which are beyond the Company’s reasonable control.

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CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

hi@ooh-nice.com

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