Terms of Service & Use
This website with URL address https://www.creativeprocesscollective is owned and operated by January Made Design Ltd (NZBN 9429046721594) trading as Creative Process Collective ("CPC"). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern CPC’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.
The term ‘Creative Process Collective’ or ‘us’ or ‘our’ or ‘we’ or ‘CPC’ refers to January Made Design Ltd T/A Creative Process Collective, the owner of the website. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:
1. Terms of Service Agreement
By visiting Creative Process Collective (“CPC”) and purchasing from our site, you agree to be bound by the following Terms of Service. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3. Accuracy
This site may contain certain historical information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You will not be notified in the event we do update or modify its contents. You agree that it is your responsibility to monitor changes or updates to our site. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4. Methods of Payment
All payments are independently processed through third-party services (Stripe & Paypal). Therefore, CPC does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, code:shop shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the user.
5. TERMS & CONDITIONS OF PURCHASE
By purchasing any of the products for sale on this website, you agree to the following terms and conditions.
When you purchase any template, ebook, course or other digital product from us, you are granted a single non-exclusive, revocable, royalty free, worldwide licence to the product you have purchased. We reserve the right to change any pricing without prior notice.
6. Refund Policy
Due to the nature of digital products, we cannot offer a refund for change of mind. It is very important that you read the product page thoroughly.
7. Currency
All payments are processed in American Dollars (USD). Any possible costs or fees resulting from conversion of currency at time of payment shall be borne by the user. CPC is not obliged to offer multi-currency services or to offer alternate payment methods.
8. Third-Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
9. Third Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. User Comments, Feedback and Other Submissions
If you send certain specific submissions such as reviews, feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.
11. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
12. Commercial License
The licensed asset can appear in up to 5,000 end products for sale.
Licensee: Individual or Legal Entity (Company), as indicated at the time of purchase.
Can be used for:
Up to 5,000 physical or digital end products for sale
One business social media account owned and managed by the licensee
Unlimited physical advertisements for local markets
Digital paid advertisements with unlimited impressions
Broadcast and streaming for up to 500,000 lifetime viewers
This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process and/or checking “agree”, Licensee has read the entire License Agreement and agrees to the terms herein, including, without limitation Section 9 (Important General Legal Provisions).
This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital content (“Licensed Asset”) made available on CreativeProcessCollective.com and purchased by Licensee. The Licensed Asset item number will be emailed to you at the account email address CPC has on file along with a link to this License Agreement; retain this for your records. This License Agreement may also apply to digital content that CPC makes available at no charge (e.g., for promotional purposes) only if expressly indicated during the initial download for that digital content.
1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization
and
(b) Creative Process Collective (“CPC”) on behalf of the seller (“Shop Owner”) as licensor.
If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.
1.2 - The number of individual users permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (or seats) selected and paid for at the time of purchase. If Licensee requires additional users (or seats), additional licenses to the Licensed Asset must be purchased.
2. ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to (i) a server owned and controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.
3. THIS LICENSE AGREEMENT PERMITS BOTH COMMERCIAL USE AND NON-COMMERCIAL USE; COMMERCIAL USE AND NON-COMMERCIAL USE DEFINED
This License Agreement permits Non-commercial use and Commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations).
3.1 - Commercial Use
“Commercial” use is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.
3.2 - Non-Commercial Use (Personal)
“Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below. Any End Use for Commercial use must: (i) be significantly different than the original Licensed Asset, (ii) require time, effort, and skill to produce and (iii) not derive its primary value from the Licensed Asset itself.
4.1 - End Products
✓ Physical Products for Commercial Use or Non-commercial Use: Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial use or Non-commercial use.
✓ Product Packaging for Commercial Use of Non-commercial Use: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, or containers, etc., for Commercial use or Non-commercial use.
✓ Digital Products for Commercial Use or Non-Commercial Use: Licensee may create digital end products for resale such as static designs, static website elements for Commercial use or Non-commercial use.
✓ Digital or Print Publication for Commercial Use or Non-commercial Use: Licensee may use the Licensed Asset in digital or print publications such as magazines, cards, invitations, photo albums, and scrap books, e-books or e-publications, for Commercial use or Non-commercial use.
Quantity Limitations on End Products for Commercial Use: No more than 5,000 lifetime combined individual end products or packaging (digital or physical) sales, instances, impressions, or installations (as applicable) that incorporate the Licensed Asset is permitted for Commercial use. Consider an extended commercial license or contact Creative Market for a custom license if Licensee requires greater quantities for Commercial use.
4.2 - Social Media, Marketing, and Advertisements
✓ Personal Social Media for Non-Commercial Use: If applicable (e.g., for an individual), one (1) personal or individual social media accounts for Non-commercial use.
✓ Company Social Media for Commercial Use: If applicable (e.g., to a business), one (1) Licensee owned and managed company social media account is allowed for Commercial use. A separate license is required for each social media business account or page.
✓ Physical (Printed) Advertisements for Commercial Use in a Local Market: Such as billboards, signage, printed advertisement, etc. for Commercial use in Local Markets. “Local Market” means that all display or distribution of these permitted advertisements must be within a 200 mile radius within the borders of a single nation/country.
✓ Digital Advertisements for Commercial Use: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for Commercial use.
Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use or Non-commercial use (where Non-commercial use is applicable).
4.3 - Broadcast and Streaming of Motion Picture and Audiovisual Content
✓ Broadcast and Streaming: Broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand or Streaming of motion picture and /audio visual works, including advertisements, is permitted for Commercial use and Non-commercial use.
Quantity Limitations on Broadcast and Streaming: No more than 500,000 lifetime viewers for Commercial use and no limit for streaming via the internet for Non-commercial use.
5. PROHIBITED USES (these uses may be available with an extended commercial license or custom license, contact Creative Market to find out more):
5.1 - End Products
✗ On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.
5.2 - Social Media, Marketing, and Advertisements
✗ Physical (Printed) Advertisements for Commercial Use In National Markets or Global Markets is prohibited: “National” market means any distribution or display of advertisements beyond a 200 mile radius within a single nation/country. “Global” market means any distribution of display of advertisements in more than one nation/country
5.3 - Digital Development
✗ Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non-commercial use.
5.4 - Trademark and Copyright
✗ Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact CPC for a custom license if these rights are desired.
✗ Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).
5.5 - Future Technologies
✗ The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
6. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
6.1 - ✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
6.2 - ✗ Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).
6.3 - ✗ Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
6.4 - ✗ Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6.5 - ✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
6.6 - ✗ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
7. SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license unless a custom license is purchased)
7.1 - Third Party Use Requires Separate License.
This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.
7.2 - Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only three situations:
(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;
(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and
(c) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.
8. ATTRIBUTION
8.1 - When credit is required: All editorial use requires a credit; however for non-editorial use a credit is only required where credits are accorded to other providers of licensed material. Credits, when required, shall be legible and in close proximity to the Licensed Assets and, where applicable, substantially similar in placement and prominence to other credits
8.2 - How to provide credit: “[Licensed asset product type] copyright via Creative Process Collective”
9. IMPORTANT GENERAL LEGAL PROVISIONS
9.1 - Intellectual Property
All digital content available on creativeprocesscollective.com, including, without limitation, the Licensed Asset, is protected by New Zealand and international copyright and other laws and treaties. As between you and the Shop Owner, the Shop Owner retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly allowed above), copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee and the Shop Owner are reserved by the Shop Owner. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.
9.2 - Termination
Creative Process Collective may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with CPC, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to CPC in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon CPC’s request, Licensee agrees to remove any content from such platform or website.
9.3 - Content Withdrawal
CPC may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from CPC, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, CPC may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies; and ensure that Licensee’s clients, distributors and/or licensees do likewise. CPC will provide you with replacement content (determined by CPC in its reasonable commercial judgment) free of charge, as its sole obligation, subject to the other terms of this License Agreement.
9.4 - Audit
Upon reasonable notice, Licensee agrees to provide to CPC sample copies of projects or end uses that contain Licensed Asset, including by providing CPC with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, CPC may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to CPC of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying CPC the amount of the underpayment and any other remedies to which CPC is entitled, you also agree to reimburse CPC for the costs of conducting the audit.
9.5 - Disclaimer of Warranties
LICENSEE’S USE OF THE LICENSED ASSET IS AT LICENSEE’S OWN RISK. THE LICENSED ASSET IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CREATIVE PROCESS COLLECTIVE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.6 - Limitation on Liability
IN NO EVENT WILL CPC, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF CPC, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, EXCEED THE FEES THAT LICENSEE PAID FOR THE LICENSED ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.7 - Indemnification
Licensee agrees to defend, indemnify and hold harmless the CPC officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the Licensed Asset in violation of law, rules or regulations, or (iii) use of the Licensed Asset violation of third party rights where such violation is due to the modification of the Licensed Asset.
9.8 - Limitation on Time to File Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED ASSET OR THIS LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
9.9 - Choice of Law and Forum
All matters relating to Licensed Asset and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of New Zealand without giving effect to any choice or conflict of law provision or rule (whether of New Zealand or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the courts of New Zealand although we retain the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
9.10 - Arbitration
AT CPC’S SOLE DISCRETION, EXCEPT TO THE EXTENT PROHIBITED BY LAW, CPC MAY REQUIRE LICENSEE TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THE LICENSED ASSET AND THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE New Zealand International Arbitration Centre: NZIAC APPLYING New Zealand LAW.
9.11 - Waiver and Severability
No waiver of by Creative Process Collective of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CPC to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.
If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.
9.12 - Entire Agreement
This License Agreement, together with the CPC Terms of Service & Use (“Terms of Service & Use”) constitutes the sole and entire agreement between Licensee on the one hand and CPC on the other hand with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset.
This license shall automatically be terminated by CPC if you are found to be in violation any of these restrictions. Upon termination of this license, you are required to destroy any and all downloaded materials in your possession.
13. Support Policy
By purchasing Creative Process Collective’s digital products, you are entitled to free support service. Free support for digital goods relates directly to issues involved with the original digital good and use guide. The following inclusions apply to this service:
Issues with the original design or template;
Issues related directly to the template itself;
Any files that were included with the resource/digital good;
The following limitations apply to this service and are not included:
Fixing any issues caused by the program or platform you are using
Design, installation and setup of the template on a platform or software;
Adding your own content (images, text, links) to the template or resource;
Creating new pages or features for the template;
Customising to your individual requirements (colours, layout, fonts or functionality);
Troubleshooting issues caused by other customisations, designs or platforms/software.
Setup or purchase of any platforms or software
14. User Accounts
All digital purchases made from CPC require the creation of a User account in order to access certain features and functions. Users are responsible for keeping their login credentials confidential and safe. By registering, Users agree to be fully responsible for all activities that occur under their username and password.
User accounts may be terminated at any time by the User by using the tools provided for account termination on the account dashboard. If a User wishes to reinstate a terminated account, a purchase will be required.
CPC reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
15. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
16. Indemnification
You agree to indemnify, defend and hold code:shop harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17. Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
18. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
19. Changes to Terms of Service & Use
Creative Process Collective reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Terms of Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Creative Process Collective
hello@creativeprocesscollective.com
Last updated: 19/10/2020