Terms and Conditions of Use

Effective as from July 17, 2017

Acceptance of terms

Please read these Terms of Use carefully before accessing or using this website easybrandz.com (“Easybrandz”, “Site”, “We”, or “Us”).

By accessing or using the Site, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), and to the collection and use of your information as set forth in the Privacy Policy. This Agreement applies to all visitors, users, buyers, sellers and others who access the Site (“Users”).

If you don’t accept the terms, don’t use the Site.

We may change these terms at any time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use. You can keep track of whether changes have been made to our terms by referring to the version and effective date at the header of the terms.

General

Easybrandz is a creative marketplace that allows customers to buy and sell licenses to use digital items like templates, graphics, adds-on, mockups, images and some other design assets.

We may, without prior notice, change the Easybrandz site; stop providing the Site or features of the Site or create usage limits for the Site.

Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us.

You need to be 13 years or over to browse the Easybrandz site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Easybrandz site.

Buying items

When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Easybrandz. This license also applies to you if you download an item that someone else has bought for you. Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.

When you buy an item you will be redirected to a payment method provider.

You are responsible for all costs of currency conversion. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when purchasing from Easybrandz, which we have no control over.

Terms of buying

When you buy a Easybrandz item you’re doing so on the following terms:

  1. you promise to us that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
  2. you cannot cancel a completed purchase of an item;
  3. we do not promise that any particular item will continue to be available on Easybrandz so you should download and save the item as soon as you buy it;
  4. once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
  5. the Easybrandz retains ownership of the item;
  6. your relevant details are provided for Easybrandz in order to facilitate the transaction, for example for invoicing;
  7. we have the right to enforce against you the terms of the license that you have acquired;

Our commitments

We commit:

  1. the items are of acceptable quality and are suitable for the purpose for which they are sold;
  2. the items correspond to the descriptions on the preview pages, as well as any views of the items;
  3. we will honor any promises given to you that are not contained in these terms;
  4. we are the authors and have the necessary rights to license the items under the applicable licenses;
  5. the items and their descriptions are not false, inaccurate, misleading, fraudulent, illegal or defamatory;
  6. the items and their descriptions do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trade);
  7. the items do not contain viruses or other computer codes, files or programs that are designed to limit or destroy the functionality of other software or hardware.

Taxes

Easybrandz is a personal brand with no VAT registration, so VAT was not applied to your purchases.

Items with an incorrect price or incorrect information. Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds

We will assess refund requests on their merits, considering the digital nature of Easybrandz items and the type of item preview that was available before purchase.

There is generally no obligation to provide a refund in situations like the following:

  1. you have changed your mind about the item;
  2. you bought an item by mistake;
  3. you do not have sufficient expertise to use the item;
  4. you ask for goodwill;
  5. you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

If we decide to issue a refund, this will generally be done using the same manner used to make the purchase. It means that you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method.

In the event Easybrandz makes an exception and issues a refund, you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to. You also understand and agree that once a refund is requested you are not permitted to exploit the product files in question and immediately upon receipt of a refund all licenses to such product files and underlying content are revoked and you are not authorized to use the product in any form or for any purpose whatsoever.

If, as a buyer, you believe that we must make a refund, we advise you to contact us directly, instead of lodging a dispute with a payment agent. So we’ll try to resolve any concerns.

Intellectual Property

We own all the Easybrandz content that we have put onEasybrandz. This includes the design, compilation, and look and feel of the Easybrandz site, and copyright, trademarks, designs and other intellectual property on Easybrandz. We own all the trademarks, logos, service marks and trade names on Easybrandz (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Easybrandz Content or use any of our intellectual property in any way not expressly stated in these terms.

Copyright, trademark and intellectual property claims. We respect the intellectual property rights of others. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us.

Model and property releases. Items are available for commercial use.

Linking to the Easybrandz

If you decide to link to Easybrandz from other sites, you have to link to a full version of a page and not link directly to an image or file hosted on Easybrandz. That includes no “in-line” linking methods resulting in images hosted on Easybrandz being displayed on other sites. You must not “frame” any Easybrandz pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Easybrandz be discontinued, and to revoke your ability to link to the Easybrandz.

Links from the Easybrandz

The Easybrandz site may contain links to other non-Easybrandz sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

Liability and indemnity

You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Easybrandz and any content you post to Easybrandz.

Our liability to you in connection with Easybrandz or these terms, in contract, tort (including negligence) or otherwise, is limited as follows: we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.

Availability. We strive to have Easybrandz available to you 24 hours a day, seven days a week. However, occasionally you might not be able to access Easybrandz, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Easybrandz works. Easybrandz will not be liable to you for any loss you suffer as a result of these things.

The site is provided on an “as is” and “as available” basis. Use of the site is at your own risk. To the maximum extent permitted by applicable law, the site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Easybrandz, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the site will meet your requirements; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is site at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the site.

Jurisdiction

Governing Law. We control and operate Easybrandz from our office in Portugal. The laws of Portugal govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

The Site is controlled and operated from its facilities in the Portugal. Easybrandz makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Portugal and local laws and regulations, including but not limited to export and import regulations.

Consumer laws. In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms.

Security

Easybrandz cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Arbitration

For any dispute with Easybrandz, you agree to first contact us and attempt to resolve the dispute with us informally. In the event that Easybrandz has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Easybrandz claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the International Chamber of Commerce (“ICC”). Each party will be responsible for paying any ICC filing, administrative and arbitrator fees in accordance with ICC rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Easybrandz are each waiving the right to a trial by jury or to participate in a class action.

Definitions

  • Buyer: a member who buys items on Easybrandz.
  • Easybrandz content: is all the content that we have put on Easybrandz and includes the design, compilation, and look and feel of the Easybrandz, and copyright, trademarks, designs and other intellectual property on the Easybrandz.
  • Item price: the price buyers pay for the license to use an item.
  • Items: digital goods found on Easybrandz like graphics, mockups, templates, images and some other design assets.
  • Member: a person who signs up by creating an account and accepting these terms.
  • Payment method: any payment agent or method we make available on Easybrandz.

Please contact us with any questions regarding this Agreement.
Any notice we send to you will be emailed to your Easybrandz account email address.