Product Licensing Agreement
This is an agreement between S & M Solutions Ltd, doing business as Creativethings.it (“Creativethings”) and you, the licensee (“you”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity.
By using our website and/or purchasing one of our licenses, you agree to be bound by the terms and conditions of the following End User License (the “Agreement”):
For the purpose of this Agreement, the following definitions will apply:
(a) “we” means S & M Solutions Ltd doing business as Creativethings.it (and “us and “our” should be construed accordingly);
(b) “you” means our customer, licensee or prospective customer under this Agreement (and “your” should be construed accordingly);
(c) “Product” means any item licensed through Creativethings.it including but not limited to templates, footage, motion design projects which are compatible with the Adoe After Effects® Software application and supporting document such us original artwork, graphics and instructional Video tutorial.
3. Order process
To enter into a contract through our website to purchase downloadable product from us, the following steps must be taken: you must add the product you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then register an account with us; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract).
4.1 Our prices are quoted on our website.
4.2 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.
4.3 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
5.1 You must, during the checkout process, pay the prices of the template or service you order.
5.2 Payments may be made any of the permitted methods specified on our website from time to time.
5.3 During the checkout you will be redirected to a payment method provider. You may be required to pay a handling fee charged over the item price.
5.4 Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction onCreativethings.it. 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).
6. Non-Exclusive ‘Unlimited License’ of the templates
6.1 We will supply your content to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
6.2 Subject to your payment of the applicable price and compliance with these Agreement, we grant to you a personal, worldwide, non-expiring, non-exclusive, non-transferable licence to use each Product licensed by you in an unlimited number solely in any and all media projects created by you (Section 6.3), providing that you must not in any circumstances make any use of your template that is prohibited by Section 6.4.
6.3 The “permitted uses” of your templates are:
(a) downloading a copy of your template and supporting material;
(b) You may use the product in multiple productions for as many clients as you like and may reproduce and distribute the item containing the Product an unlimited number of times. For example, using the template for a TV show series where the template may be changed for each episode.
(c) The product may be used for any project, including feature films, broadcast, commercial, industrial, educational video, multimedia, and the internet.
6.4 The “prohibited uses” of your templates are:
(a) sell, assign, transfer, share, sublicense or otherwise redistribute any Product, or the right to use any Product, to any third party, except solely as embodied within a media project created by you;
(b) sell, assign, transfer, share, sublicense or otherwise redistribute any Product in a manner that is competitive with Creativethings.it, including as, or as part of, a digital template;
(c) charge a client or third party for customization services for less than the cost of the actual Product;
(d) Distribution of the Product or any of it’s components for profit on websites involving the sale of stock footage, stock animations, or royalty-free After Effects files;
(e) Distribution of the Product on peer-to-peer, shareware, link sharing websites;
(f) render the Product through a service that allows a third party to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” service.
(g) the use of any products (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your templates.
6.6 All intellectual property rights and other rights in the templates not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any templates.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.9 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.10 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant template and supporting material in your possession or control.
6.11 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant content in your possession or control, and permanently destroy any other copies of the relevant content in your possession or control.
7. Templates available on videohive.net
7.1 Some templates advertised on this site are only availble on videohive.net. We create and sell a select number of templates exclusively for VideoHive.net which means we cannot offer them for sale here on the site.
7.2 This Agreement does not apply to the Products sold on videohive.net. Please refer to envato Terms and Conditions for more information.
8. Warranties and representations
8.1 You warrant and represent to us that:
(a) you cannot cancel a completed purchase of an item;
(b) we do not promise that any particular template will continue to be available on Creativethings website so you should download and save the item as soon as you buy it;
(c) once you buy or download a template and the template has been paid for, you acquire a non-exclusive license to use the template under the terms set out in the license (non-exclusive means others might also license the same item):
(d) you are legally capable of entering into binding contracts;
(e) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2 We warrant to you that:
(a) We warrant that the Creativethings sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
(b) The template will be of satisfactory quality and fit for the purpose for which is sold;
(c) the template will match any description of it given by us to you on the item preview page; and
(e) the item and its description 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 trading);
(f) the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
8.3 All of our warranties and representations relating to the templates are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
10.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. No waivers
12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Entire agreement
15. Law and jurisdiction
15.1 These terms and conditions shall be governed by and construed in accordance with English law.
15.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive]jurisdiction of the courts of England.
16. Statutory and regulatory disclosures
16.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
16.2 These terms and conditions are available in the English language only.
17. Our details
17.1 This website is owned and operated by S & M Solutions Ltd.
17.2 We are registered in England and Wales under registration number 09610530, and our registered office is at 32 A Mycenae Road, SE3 7SG LONDON, UK.
17.3 Our principal place of business is at 32 A Mycenae Road, SE3 7SG LONDON, UK.
17.4 You can contact us:
by email, using firstname.lastname@example.org