Conditions of Use

The present Conditions of Use apply exclusively between Digital Art Studio (hereinafter “the Boutique” and “Us”) and any person visiting or purchasing (hereinafter “the Purchaser” and “You”) via www.digital-artstudio.com (hereinafter “the Website”). Any Internet user may have access to the Conditions of Use of the Website. These Conditions of Use may be modified without notice. The conditions applicable are therefore those that are in force on the date of the order.

All purchasers declare themselves aware of these present conditions prior to placing their order, and expressly and irrevocably accept the terms hereinafter specified. No particular or other conditions may prevail against these Conditions of Use except by formal and written acceptance by the Shop.

Copyright and Products Use Limitations
Pursuant to the Dutch Intellectual Property Code, any partial or total reproduction of the graphic elements sold by the Shop for commercial use/redistribution for profit or for free is strictly prohibited. The products acquired through the Website do not become the property of the Purchaser, and the Dutch Intellectual Property Code remains applicable to these products throughout the shelf life of the product regardless of the country in which it was purchased. Commercial Use products are subject to different specific Terms of Use.

Whether for Commercial or for Personal Use, all products in the Shop are sold along with Terms of Use  provided by the Designers and shall be used to hold the Purchaser accountable.

Use not permitted with our products:

    * redistribute partially or totally one or more products on a physical medium or via the Internet for free or for profit;

    * exchange partially or totally one or more products for other products from other on-line store or websites or other products from Us;

    * create graphic designs partially or totally using one or more products in order to sell these creations: this is allowed only with products marked as "Commercial Use Allowed" and providing the Terms Of Use provided by the designer included in the files downloaded by the Purchaser are fully respected;

    * partially or totally transform, modify, alter or misapply the graphic elements of one or more products in order to claim the creation for oneself within the framework of distribution whether for free or for profit: the modification of elements included in the files downloaded by the Purchaser is allowed only in the context of Digital Scrapbooking Pages Creation providing the Terms Of Use by the designer included in the files downloaded by the Purchaser are fully respected;

    * create graphic designs partially or totally using one or more products on behalf of a company or for one’s own company except for products marked as "Commercial Use Allowed", providing the designer's Terms Of Use included in the files downloaded by the Purchaser are fully respected;

    * create graphic design partially or totally using one or more products to create a Website, a blog, or your own Website or blog, making commercial profit, except for the products marked as "Commercial Use Allowed", providing the designer's Terms Of Use included in the files downloaded by the Purchaser are fully respected;

    * use the graphic element(s) of the product(s) to create files, such as brushes or patterns, compatible with Adobe Photoshop software or any other software which also applies to most products marked as  "Commercial Use Allowed" available at the Shop:  the designer's Terms Of Use included in the files downloaded by the Purchaser must be fully respected;

 
The Purchaser agrees to respect the designer's Terms Of Use when downloading the graphics purchased whether the graphics are for Personal or Commercial Use.

When the Purchaser publishes a digital scrapbooking page created with one or more products from the Shop on the Internet (e.g., blogs, personal Websites, online galleries, etc.) or for the press, the Purchaser is required to give appropriate credit to the designer and the Shop. Guidelines on how to give appropriate credit are included in most designers' Terms Of Use included in the files downloaded at the Shop.

Placing an Order
You certify that You are at least eighteen years old and have the legal capacity or have parental authorization that allows you to place an order through the Website. You certify that You are the holder of the credit card or Paypal account used to place your order. To place an order through the Website, You must create an account or sign in if You already have an account. The account gives the Purchaser access to the services of the Shop and is accessed through a username and password. You shall inform the Shop of any loss or unauthorized use of your account, username and/or password. The passwords and usernames are personal information that You shall not disclose. Therefore, You are solely responsible for their use. Any attempt to obtain the password or username of another customer is strictly forbidden.

Products Download
After placing your order, the Shop will send you a confirmation by e-mail. When payment has been accepted, the Shop will send you a link that You may click on to download your products from your account or You may log-in to your account later to download the products You have ordered. You must download these files within twelve days, which means that the link to download the products You purchased expires twelve days after the day You place your order. The expired links may be updated upon request by the Purchaser at any time providing the products are still available at the Shop. Products are regularly retired from the Shop and might not be available anymore if your order is updated more than one month after you have placed your order. In case of a loss of data or misuse of the files stored in the products, the Shop does return the product(s) upon request. However it is recommended that You save the products You have ordered.

Pricing, Availability and Delivery
The price(s) displayed on the Website include all taxes; no postage is required as all products are downloadable files of which there is no other charge(s). There is unlimited stock for most products available at the Shop; we, nevertheless, reserve the right to discontinue one or more products. Should You wish to purchase a product that has been discontinued, please contact our customer service.

Payment
We are PayPal Verified. We accept all major credit cards through PayPal.

Right of Withdrawal
According to European law with regard to international sales contracts for virtual goods, the sale of digital - also named "downloadable" - products is final and non refundable once the products have been downloaded by the Purchaser. No exchange, refund or withdrawal is therefore possible. Our customer service only may send You a discount to use on your next order in these exceptional situations if the products have been downloaded.

Guarantees and Liability
We are not responsible if the product does not comply with legislation of the country to which it is delivered. We undertake to take all necessary steps inherent to our profession in order to provide the services offered. However, we will not be responsible for any breach of this contract caused by circumstances beyond our reasonable control or any event of “force majeure” recognized under European case law. We shall not be responsible for any delay in delivery due to a technical problem. We shall not be responsible for any data loss or technical problem occurring on the Purchaser’s personal computer while using the products. Moreover, we shall not be responsible if there is a slight difference between the pictures, texts or illustrations displayed on our Website and the products delivered. We do everything within our power to ensure the provision of services subject to these Conditions of Use. In no event shall we be held liable for lost profits, commercial loss or any other indirect or unpredictable loss that may occur when using our Website or following the execution of the sales contract between Us and the Purchaser.

Website Access License
Under no circumstances is the user of the Website allowed to download or modify this site, or any portion of it, without our express written consent. Under no circumstances is the user of the Website allowed to use this site or its content for sale or for any other commercial use – e.g., listed products, descriptions, prices, download or copy data for another trader, use data, graphics, pictures, texts, photos, tools, etc. This site or any part of it shall not be reproduced, copied, sold or exploited for commercial purposes without our express written consent. You shall not use any device to reproduce the trademark, logo or any other information that belongs to Us without our express written consent. You shall not use any meta tags or any other “hidden text” utilizing our name, trademark, or the name of the graphic designers who work in our Shop without our express written consent. Users are granted a non-exclusive, revocable right to create a link to the home page of our Website provided this link is not detrimental to Us, the graphic designers of our Shop or our products. Under no circumstances will the creation of the link allow Us to be held responsible for the content of your Website. Use of our logo, trademark or graphics in your link is not permitted without our express written consent.

Comments, Reviews and other Content
The users of this site may send Us reviews, comments or any other content - in particular, creations made with our products. They may submit suggestions, ideas, questions or any other information. The content submitted shall not contain any illegal, obscene, abusive, threatening, defamatory, slanderous, in violation of intellectual property or harmful to third parties, and shall not consist of nor contain computer viruses, political campaigning, commercial solicitation, mass mailings, chain letters or any other form of “spam.” In our sole and absolute discretion, we reserve the right to discontinue or modify any content – in particular, technical reasons such as but not limited to storage capacity, viruses, understandability of the web page or legal reasons; e.g., statements which are defamatory, untrue, racist, obscene or justifying crimes against humanity). The reasons listed above are examples and shall not be considered exhaustive.

Privacy
We endeavor to protect your personal information. All personal information that is collected is treated with the utmost confidentiality in compliance with the provisions of our privacy policy. Please review our Privacy Policy for information on treatment and access to your account information.

Applicable law
These Conditions Of Use are subject to European law with regard to international sales contracts for virtual goods. Exclusively, the courts of European Community shall conduct any litigation relating to the commercial relations between You and Us.
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