Portfolio Use Terms and Conditions - Lemon Ribbon Studio

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Lemon Ribbon Studio Portfolio Use Terms and Conditions

Introduction

Outlined below are the terms and conditions that govern the setting up of an account, as well as the viewing, purchasing and downloading of artwork through our website or any sub domain. These differ from the general Website usage terms and conditions.

Please read these terms and conditions carefully as they affect your legal rights.

You are asked to give your express agreement to these terms and conditions before your request for an account can be considered. This is to ensure that a) account holders are requesting access for business purposes only and b) the copyright integrity of our original artwork is protected.

These terms and conditions apply between you, the User, and Lemon Ribbon Studio, the owner and operator of this website. By agreeing to these terms, you confirm that you have authority to bind any business on whose behalf you use the Site.

Your Account

In order to view or purchase any images, you will need to open an account with us. This involves providing compulsory personal information which much be validated by us. Please read our privacy policy for details on how we use any personal information.

Accounts are only available to trade/business customers and we reserve the right to decline a registration or to suspend or terminate your account at any time.

You must ensure all details provided at registration and outlined on your account details page are complete and up to date. If any of these details are incorrect, you must inform us immediately of any changes. Upon registering, you will be notified via email as to whether your account has been authorised or not.

You will asked to set up a password to access your account. You must keep any passwords secure and confidential. As you are solely responsible for all activity in your account, you must use commercially reasonable efforts to prevent unauthorised access. We reserve the right to update or remove a password at any time.

Order Process

The advertising of images on our website constitutes an "invitation to treat" rather than a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this section.

To enter into a sales contract to purchase downloadable designs from us, the following steps must be taken:

  • you must add the artwork you wish to purchase to your shopping cart.
  • proceed to the checkout where you will be transferred to our payment page and our payment service provider will handle your payment.
  • We will then either send you an order confirmation at which point your order will become a binding contract or we will confirm by email that we are unable to meet your order. This could be for any reason including legal and regulatory reasons. If you have been charged for any design, you will be refunded as soon as reasonably possible.
  • At the order confirmation page, you will be granted access rights to the digital files for your order.
Amending or Cancelling an Order

Due to the automated processing of orders, if you wish to amend or cancel your order you must contact us or your bank immediately. Due to the nature of payment processing, it may not be possible for us to cancel an order. If you have downloaded any digital files, we cannot offer a refund.

Prices and Colour Descriptions

Our prices are quoted on our website, and you will be charged either in GBP, EUR or USD where appropriate. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

All amounts stated in these terms and conditions or on our website are exclusive of VAT, local Sales Tax or other similar taxes. You will be charged VAT at checkout if paying in GBP and a UK registered company. A VAT Invoice will be supplied with all orders were appropriate. If any tax is levied on a payment to us, it is your responsibility to inform us and reimburse us any deduction.

We have made every effort to ensure the image colours and textures that appear on this website match the colours and textures on the actual digital designs. However we cannot guarantee that your monitor’s display of any colour and texture will accurately reflect the colour of the actual digital artwork.

Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.

Payment and Delivery

You must, during the checkout process, pay the prices outlined on your order.

Payments may be made by Credit Card, PayPal, and by Invoice. Invoice terms are strictly 30 days and all banking details are outlined on the Invoice.

If Invoices require Purchase Order Numbers or need to be sent to separate email accounts before payment, contact details for an Accounts Payable representative need to be supplied.

If Lemon Ribbon Studio is a new supplier and set-up forms are required to be completed, please reply to the order confirmation email with details.

If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 5% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.

Title to any Designs will not pass to you until we have received payment in full. 

Any copyright transfer forms requiring a signature should be sent to us by email. They will be signed by the appropriate party and returned via email or post where appropriate.

You must inspect the digital design files on delivery. If you identify any errors, you must inform us in writing within 10 days of downloading, providing details.

All sales are final with no returns or exchanges, and you may not cancel an order without our mutual agreement.

We will be under no liability or further obligation in relation to the Designs if:

  • you fail to provide notice as set above; and/or
  • you make any further use of such Designs after giving notice under the clause above relating to damages and shortages; and/or
  • the defect arises from misuse or alteration of the Designs, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
  • to your insolvency or possible insolvency.
Intellectual property transfer and acceptable use

We grants the buyer purchasing all artwork on an exclusive royalty free basis, with no restrictions on the use or reproductions of the designs.

Once purchased, we, as sole author of the Design, hereby waive all moral rights in respect of the use to be made of the Design to which we may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 or under any similar legislation from time to time in force anywhere in the world.

All content, rights and interest included in this portfolio is the property of Lemon Ribbon Studio. Content means any text, graphics, images, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this portfolio, including any such content uploaded by Users.

You acknowledge that we have not checked throughout the world to ensure that our artwork does not contain anything that is deemed to be indecent, obscene, pornographic, blasphemous, infringing, defamatory, libellous or otherwise objectionable, unlawful or tortious in accordance with the applicable laws.

You acknowledge that we have conducted searches of national registers of Trade Marks throughout the world in relation to specific words, symbols or numbers forming part of the artwork. We therefore cannot provide any warranties or representations that the artwork will not infringe or otherwise violate any Trade Marks of any third party; and you must secure every third party clearance and permission needed in the relevant jurisdiction(s) to enable you to use the specific words, symbols or numbers forming part of purchased designs.

By using the portfolio and purchasing any designs, you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without purchase or the written permission of Lemon Ribbon Studio.

Indemnity

You will indemnify and hold harmless Lemon Ribbon Studio from and against any losses, damages, expenses and other charges (including reasonable fees and expenses of legal and other advisers, court costs and other dispute resolution costs) incurred by the us for any third party claims arising from or in connection with your use of any purchased artwork.

Limitation of liability

The artwork sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside of the UK.

We do not accept liability for any consequential loss of profit or indirect losses.

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

Severance

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

Updated Apr 2024

 

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