Welcome to Powdery (“we”, “us”, or “our”). By accessing or using our website, you agree to be bound by these terms of use. If you do not agree to these terms, you may not use our website.
Welcome to Powdery (“we”, “us”, or “our”). By accessing or using our website, you agree to be bound by these terms of use. If you do not agree to these terms, you may not use our website.
Product license
Product license
You are not permitted to share any Powdery 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.
You are not permitted to share any Powdery 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.
User-generated content
User-generated content
All content on our website, including text, graphics, logos, images, and software, is the property of its content suppliers and is protected by copyright and other intellectual property laws. You may not reproduce, modify, distribute, or display any content on our website without our prior written permission.
All content on our website, including text, graphics, logos, images, and software, is the property of its content suppliers and is protected by copyright and other intellectual property laws. You may not reproduce, modify, distribute, or display any content on our website without our prior written permission.
No refund policy
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.
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.
License to use Powdery products
License to use Powdery products
Any and all purchases made on the Site for any Powdery branded 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.
Any and all purchases made on the Site for any Powdery branded 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
Licensed images
All images that are included in any Powdery 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 Powdery 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 Powdery products.
You understand that the Company has multiple Licensing Agreements with third parties who are providing these images to the Company for its products. These Licensing Agreements do not grant You any rights in these images, or any permissions otherwise to use the images except as expressly instructed by the Company for customizing Your Powdery product in the manner so established by the Company. Any violation of the rights of either the Company’s rights or the third party licensors’ rights will be considered a breach of this Agreement.
You understand that if You do breach this provision, each violation will result in a charged fee of five thousand dollars ($6,000.00), as a fee and not a penalty, that You will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all Powdery products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third party licensors’ rights.
All images that are included in any Powdery 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 Powdery 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 Powdery products.
You understand that the Company has multiple Licensing Agreements with third parties who are providing these images to the Company for its products. These Licensing Agreements do not grant You any rights in these images, or any permissions otherwise to use the images except as expressly instructed by the Company for customizing Your Powdery product in the manner so established by the Company. Any violation of the rights of either the Company’s rights or the third party licensors’ rights will be considered a breach of this Agreement.
You understand that if You do breach this provision, each violation will result in a charged fee of five thousand dollars ($6,000.00), as a fee and not a penalty, that You will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all Powdery products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third party licensors’ rights.
Licensed fonts
Licensed fonts
By using this Site, along with any Powdery branded 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 Powdery branded products. You are not entitled to in any way modify, copy, transfer, or otherwise make use of these fonts beyond their intended uses within the Powdery products. You may not alter the Powdery products in any way that would remove or otherwise compromise the fonts that are included in them in some way that would violate any of the rights held by the Company or of the third party licensors. You are only permitted to modify the fonts within the parameters of the Powdery products customization features, and any unauthorized modifications that exceed these parameters will be considered a violation of this provision.
You understand that if You do breach this provision, each violation will result in a charged fee of five thousand dollars ($6,000.00), as a fee and not a penalty, that You will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all Powdery products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third party licensors’ rights.
By using this Site, along with any Powdery branded 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 Powdery branded products. You are not entitled to in any way modify, copy, transfer, or otherwise make use of these fonts beyond their intended uses within the Powdery products. You may not alter the Powdery products in any way that would remove or otherwise compromise the fonts that are included in them in some way that would violate any of the rights held by the Company or of the third party licensors. You are only permitted to modify the fonts within the parameters of the Powdery products customization features, and any unauthorized modifications that exceed these parameters will be considered a violation of this provision.
You understand that if You do breach this provision, each violation will result in a charged fee of five thousand dollars ($6,000.00), as a fee and not a penalty, that You will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all Powdery products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third party licensors’ rights.
Editing Powdery products
Editing Powdery 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.
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.
Disclaimer of warranties
Disclaimer of warranties
Our website is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the servers that make it available are free of viruses or other harmful components.
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.
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.
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.
Our website is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the servers that make it available are free of viruses or other harmful components.
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.
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.
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.
Limitation of liability
Limitation of liability
In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of our website or the information provided on our website. This includes, without limitation, damages for loss of profits, data, or other intangible losses.
In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of our website or the information provided on our website. This includes, without limitation, damages for loss of profits, data, or other intangible losses.
Indemnification
Indemnification
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our website, your violation of these terms of use, or your violation of any rights of another.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our website, your violation of these terms of use, or your violation of any rights of another.
User data
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.
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.
Electronic communications and transactions
Electronic communications and transactions
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Changes to these terms of use
Changes to these terms of use
We may update these terms of use from time to time. We will notify you of any changes by posting the new terms of use on our website. We recommend that you review these terms of use periodically to stay informed about our practices. By using our website, you agree to be bound by these terms of use.
We may update these terms of use from time to time. We will notify you of any changes by posting the new terms of use on our website. We recommend that you review these terms of use periodically to stay informed about our practices. By using our website, you agree to be bound by these terms of use.