This Agreement (“Agreement”) is made effective by and between Visualsized (“Seller”), and purchaser of the digital product (“Customer”), for the purpose of the the Customer purchasing a digital product from the Seller’s online shop (“Product”). The Customer agrees to the terms and conditions below by submitting payment for the Product.
1. Digital Product Usage
After purchasing the digital product, the Customer will be given access to the product materials. The Customer will have lifetime access to the materials so long as the product(s) is/are available.
Seller hereby grants to The Customer one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. The Customer understands and agrees that the Product materials may not be shared with any third party. In the event Seller suspects that the Product is being shared with another party, Seller reserves the right to immediately terminate The Customer’s access to the Product.
The Customer may use the Product for his/her own personal use and business use and may modify as he/she sees fit. The Customer is not obligated to tag or give credit to Seller for the copy in the Product he/she uses, posts, or shares.
2. Refund Policy
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by The Customer in connection with the Product will be allowed under any circumstances.
3. Personal Information
By purchasing the Product, The Customer will be asked to provide personal information including his/her name, email address, mailing and billing address. The Customer agrees to allow Seller access to this personal information for all lawful purposes. The Customer is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Seller on any changes to his/her identifying information.
The billing information provided to Seller by The Customer will be kept secure and is subject to the same confidentiality and accuracy requirements as The Customer’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
4. License Agreement
When you purchase the Product you automatically receive our Standard License which allows you to use the Product for almost any business, personal, educational or charitable purpose. You may not redistribute or resell the Product.
5. Warranties and Liability
The Seller makes every effort to ensure that the Product is accurate and fit for the use of the Seller’s customers. However, the Seller takes no responsibility whatsoever for the suitability of the Product, and the Seller provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. The Customer agrees to indemnify the Seller against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of the Customer’s breach of these terms and conditions. The Seller shall not be liable to the Customer or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
6. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
7. Guarantees
The Seller does not make any guarantees as to the results, including financial or other personal gains, of the Customer’s use of the Product. The Customer agrees to take responsibility for the Customer’s own results with regard to using the Product.
8. Release & Reasonable Expectations
The Customer has spent a satisfactory amount of time reviewing the Product and has a reasonable expectation that Product will produce different outcomes and results for each Customer. The Customer understands and agrees that:
▪ Every Customer’s and final result using the Product is different;
▪ The Product is intended for a mass audience.
9. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
10. Transfer
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
11. Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.