The terms “Ashe Design, LLC”, “Ashe Design”, “us” or “we” refers to the owner and operator of the website at www.ashedesign.com (the “Website”). The term “you” refers to the user or viewer of this Website.
2. Use of Content and Materials on Website
All of the content on this Website, including, but not limited to, the templates, designs, fonts, images, layout, look, appearance, graphics and trademarks, are either owned by Ashe Design or by third parties who have licensed such content to us. The templates available on this Website are for designing, manipulating, editing, publishing, printing, compositing, and annotating graphics, images and text (“Templates”). You are prohibited from (i) redistributing digital files, reproducing, publishing, modifying, altering or misappropriating the Templates on the Website, and any artistic component that comprises the Templates,except to insert, manipulate, edit, publish, print or annotate your own graphics, images and text by using the Templates, such use shall hereinafter be referred to as “Finished Products”; (ii) reproducing, publishing, modifying, altering or misappropriating the Website or any content or images on the website; (iii) creating or redistributing derivative works based on the Website, any content or images on the website, or the Templates, except to make Finished Products; (iv) displaying, posting or listing the Templates on any website; and (v) displaying, posting or listing Finished Products on the websites for eBay®, Amazon®, Etsy® or any other website that is not owned and operated by you; (vi) displaying, posting or listing the templates or any parts of the templates for online editing usage.
You may sell, display, reproduce and distribute the Finished Products. However, when selling, displaying, reproducing and distributing the Finished Products, they must be displayed with your own graphics, images, and/or text and on your own website. Digital files of Finished Products may be sent to your clients as flattened .jpg files only. Layered Photoshop files MAY NOT be redistributed under any circumstances.
Ashe Design reserves the right to make the logo designs available on this Website to other parties despite any use or registration by you of such logo designs in connection with your products and services. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your use of a logo design in connection with your products and services. Other Ashe Design customers may use the design tools to create logos that have similar or identical combinations of these elements and Ashe Design does not guarantee that your logo will not have similarities to logos designed and used by other parties. Ashe Design provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a logo design is legally available for your use and does not infringe the rights of another party.
None of the content on this Website may be used for any unlawful purpose or to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Website, Templates or any other products or services on the Website in any way that is offensive, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Ashe Design may terminate its services to customers found to be using Ashe Design to engage in undesirable or unlawful activities.
3. Disclaimers and Limitations on Liability
THE WEBSITE, AND ITS CONTENT, TEMPLATES, PRODUCTS AND SERVICES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ASHE DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES WITH RESPECT TO THE WEBSITE, TEMPLATES, OR OTHER PRODUCTS AND SERVICES ON THE WEBSITE, INCLUDING THAT THE TEMPLATES OR FINISHED PRODUCTS WILL BE ERROR FREE OR THAT THE TEMPLATES OR FINISHED PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS. ASHE DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR CONTENT CONTAINED ON THE WEBSITE.
IN NO EVENT SHALL ASHE DESIGN BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY ASHE DESIGN, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
ASHE DESIGN DOES NOT WARRANT THAT THE WEBSITE OR TEMPLATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. ASHE DESIGN ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOU OR ANY USER’S CONTENT OR COMPUTER. ASHE DESIGN IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY COMPUTER OR ONLINE SERVICES DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY USER’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USING THE WEBSITE OR THE PRODUCTS OR SERVICES ON THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL ASHE DESIGN BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES ON THE WEBSITE.
PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU ACKNOWLEDGE AND AGREE THAT ASHE DESIGN WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THESE TERMS ARE REASONABLE.
4. Links to this Website and to Other Websites
From time to time, this Website may also include links to other websites. These links are provided for your convenience to offer further information. We have no responsibility or control with respect to the content or availability of the linked website(s), or the privacy practices on such websites. The inclusion of these links does not necessarily imply a recommendation or endorse the views expressed within them.
You may not create a link to this website from another website or document without Ashe Design’s prior written consent. Other websites may provide links to this Website with or without our authorization. We do not endorse such websites, and are not and shall not be responsible or liable for any links from those sites to this Website, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. We shall have the right, at any time and in our sole discretion, to block links to this Website through technological or other means without prior notice.
5. Digital Millennium Copyright Act
Ashe Design respects the intellectual property rights of others and expects users of the Website do the same. It is our policy not to permit materials known by Ashe Design to infringe another party’s copyright to remain on the Website. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Ashe Design by providing the following information (as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:
(i) Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Website, such as a link to the infringing material;
(iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, at which you may be contacted;
(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) A statement by you (or your agent) that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
Ashe Design’s Designated Copyright Agent for notification of claimed infringement can be notified by mail, facsimile or e-mail at the following:
Ashe Design, LLC
183 Rugby Road
Longmeadow, MA 01106
6. Terms and Conditions of Sale
A. Payment Terms.
Our shopping cart is set up to accept credit card and e-check payments via Paypal. Paypal is the largest online payment processor and allows you to pay with a credit/debit card, checking account, or funds in your Paypal account. Please note that if payment is made with an e-check you will not receive your product(s) until the payment clears.
B. Shipping Terms.
Once your payment is processed, we will send you a link for digital download. You should expect the links within 24 hours of your purchase. If you do not receive your links within 24 hours check your spam folder for an email from us. If it’s still not there, send us an email to firstname.lastname@example.org and we’ll re-send them.
C. Return Policies; Exchanges.
Due to the digital nature of our products, all sales are final. We do not accept any returns or offer any refunds. You acknowledge that all products on the Website are non-refundable and not returnable, under any circumstances.
D. Replacement Policy.
Please back up the Templates that you have downloaded from the links we send to you for archival purposes. If you fail to do so, we cannot guarantee that the exact volumes will be available in the future, as our design library evolves.
If you have purchased Templates from this Website, we will resend the links for download for free ONLY if you are able to verify your purchase. You will need to provide us with your receipt via email (PayPal receipt, credit card receipt, etc). Otherwise, you will need to provide us with the following information: month and year of purchase, email address used for payment, first and last name of buyer and the transaction ID #. We will not search through our transactions to locate your purchases.
If you cannot provide your proof of purchase information listed above, we will not resend the links for download.
E. Service and Support.
We provide comprehensive tutorials for use with our products. We DO NOT provide Photoshop technical support. It is assumed that if you are purchasing our products that you have a basic working knowledge of Photoshop.
8. Copyright Notice
Copyright © 2013 Ashe Design, LLC. All rights reserved.
ASHE DESIGN and the ASHE DESIGN logo are trademarks and service marks of Ashe Design, LLC.
10. Jurisdiction and Disputes