USER AGREEMENT | IDCO Studio

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© 2019 The Identité Collective LLC. 

USER AGREEMENT

last updated May 29, 2019

This Terms of Use Agreement (“ToU”) is made between The Identite Collective, LLC (“IDCO,” “we,” “us” or ”our”) and you, the individual choosing to use our online services (“you” or the “user”). 

 

SERVICES THIS ToU COVERS

 

IDCO is a design studio that caters to the interior design and lifestyle brand industries. IDCO provides bespoke brand design services and also offers equally beautiful website template packages. For more information about our bespoke branding services, you should visit www.theidentite.co as this ToU only applies to the website templates and services offered on the www.idco.studio website. In addition to the swoon-worthy website templates offered for purchase on the www.idco.studio website, our templates are also packaged with a number of other online perks that are covered by this ToU, including access to an interactive tutorial library, video tutorials, a copywriting guide, a Google and Pinterest optimization guide, three weeks live tech support from the IDCO team and access to a private Facebook community group (collectively the “Bonus Materials”).  

 

SERVICES THIS ToU DOESN’T COVER

 

We love supporting our partners and to show our appreciation we occasionally link to their websites and services. When you click on one of these links, you are leaving IDCO, and this ToU no longer applies. The way our partners or other third-parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service that we link to. 

 

ACCEPTANCE OF ToU

 

We know these ToU’s are about as dull as a poorly lit house. However, by purchasing any of our templates, or using or accessing our Bonus Materials, it is implied that you agree to comply and be legally bound by the terms set out in this agreement, which is why you really should stick it out and read the whole thing. While you are at it, you should also head over and check out our Privacy Policy as well. 

 

 

CHANGES TO TERMS

 

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. If we make a change to any terms that we believe in our discretion materially affects the way our services apply to you, we will notify you in advance. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our services after a change has occurred, you agree to be bound by our updated ToU. 

 

CONDITIONS BEFORE YOU ACCESS OUR SERVICES

 

While we love children, our services are not targeted or intended to be used by people under the age of 13 and all children between the ages of 13 and 16 must have permission from their parent or guardian before accessing our online services. Additionally, to purchase any of our template packages you must be over the age of 18 and must be authorized to use our services and enter into this ToU if you are acting on behalf of a company.  

 

IDCO USER ACCOUNTS

 

Simply here to browse our templates and website? Go right ahead – no account is needed! However, if you wish to purchase a template package (and who could blame you!?), you will be required to create an account with us. To register for an account, you will be required to provide us with some personal information such as your email address, name, and password. Don’t worry, any personal information that you provide to us will be treated in accordance with our Privacy Policy.

 

WIX HOSTING & ACCOUNTS

 

All of our templates are built exclusively for the Wix hosting platform. This means that to use our templates, you will need to have a Wix account, have a subscription to one of their hosting plans and have a domain name (if you need help transferring an existing domain name to the Wix platform, let us know!). Wix hosting plans and domains are not included in our template packages, and you may have to pay extra fees for these services. We highly recommend having your Wix account, hosting and domain name purchased before buying one of our template packages so that everything is ready for transfer. 

 

TEMPLATE SINGLE-USE LICENSE

 

IDCO grants to each template package purchaser a single-use license. This license applies to all templates purchased on the www.idco.studio website as well as any Bonus Materials that are included in the package. This license means exactly as it sounds… you only get to use the template for one website, and the Bonus Materials are only intended to be used by one person (the purchaser). If you wish to use the template or Bonus Materials for additional purposes, you will have to purchase an additional template package from IDCO. This license is non-exclusive, meaning that other people will be able to purchase our template packages. However, we only offer our templates on a limited release basis. We will only sell each template to a maximum of 10 purchasers, allowing you to have a beautifully designed website at an affordable price, that is not just one in a sea of many. To be clear, you also cannot resell, lease, duplicate, license, sub-license, redistribute, or offer the template for free to any third party or marketplace.

 

TEMPALTE AVAILABILITY

 

We cannot give any assurance that any particular template will be available or remain available for purchase. As mentioned, we only release 10 of each template, and all sales are on a first-come-first-served basis. You know what they say, the early bird catches the worm!

 

PRICING & BILLING

 

You can find the cost of our template packages clearly marked on the template that you are looking at in our template shop. There may be times when we need to make changes to our pricing, as such prices advertised are not guaranteed until a purchase has been made. The full template package price is due upon purchase, and we do not offer any payment plans.  Currently, we are using the PCI compliant system Stripe to process credit card transactions; this means we never personally see your credit card information. 

NON-REFUNDABLE PURCHASE

 

Once a purchase has been made, and the template package has been delivered to you, you will not be able to cancel your purchase, and no refunds will be issued by IDCO.

 

GETTING ACCESS TO YOUR TEMPLATE & BONUS MATERIALS

 

Upon purchasing one of our template packages, you will be required to email your Wix account email address to our support team at support@idco.studio so that we can transfer the template to you and give you access to the Bonus Materials. This transfer is not immediate, and it may take up to 24 hours support hours for this transfer to occur. We appreciate your patience! If you wish for this transfer to be delayed until a particular date, please let us know via email so that we can plan accordingly. IDCO will automatically remain as an admin of your Wix account during the three-week tech support period. After that, IDCO will no longer have access to your Wix account.

 

IMAGERY, GRAPHICS & FONTS USED IN OUR TEMPLATES

 

As beautiful as the photographs that are shown in our demo templates are, they are not included as part of our template sale. These photos have been kindly shared with us by Lindsey Brooke Design and Amy Bartlem, and may not be used without their written permission. Any other imagery, graphics, and fonts provided as part of our templates are only allowed to be used as part of the specific website you are building using our template.

 

CUSTOMIZATION & MODIFICATIONS

 

You are free to customize and modify our templates to fit your business vision. In fact, we encourage you to go ahead and make it your own! However, customizations and modifications made to a template will not render the template a separate creation that you are then free to distribute to third parties. Our single-use license will apply to all resulting works that are created based on our templates.

 

CUSTOM COPYWRITING

Need a little extra help with getting content onto your website? Our templates do not automatically come with any custom copywriting services; however, IDCO offers custom copywriting packages at flat fee prices. These packages can be added to your shopping cart at the same time you purchase your template, or you can contact us to add this package on after your purchase. 

 

TERMS & PRIVACY POLICIES

 

Under the law, you may be required to have a terms of use agreement and privacy policy on your website (kind of like the one you are reading now!). IDCO does not provide these documents in our template packages, and we recommend you use a lawyer to help you get these documents sorted. We use Alyce Zawacki Law for our legal needs.  

 

HELP! I NEED TECH SUPPORT

 

As part of your template purchase, IDCO includes three weeks of technical support from our dedicated support staff. This three-week period begins from the day that your template is transferred to you. Support will be available via email and chat Monday through Friday from 6 am – 10 pm CST, with all responses made by IDCO within 24 hours. The tech support will be able to help you troubleshoot, but will not transfer content, upload images, or make any changes to the design of the template for you. Upon your three-week tech support period concluding, you will still have access to our Bonus Materials which provide numerous tips for using your template and to Wix’s tech support staff as part of your Wix hosting account. 

 

CREDIT

 

At IDCO, we are extremely proud of all the hard work and dedication that has gone into creating our templates. It is important to us that consumers associate the IDCO brand with the templates we have created. As such, all IDCO templates include a credit that identifies IDCO as the creator of the template and links to our website. We would greatly appreciate if this credit remains on the template while you are using it.

 

USE OF WEBSITES FOR PROMOTIONAL PURPOSES

 

We love showing others how our templates can be used and just how customizable they are! When you purchase and use one of our templates, we will automatically assume that you are A-OKAY with us promoting your website on our website and social media platforms. Of course, we will always credit your business and provide a link so that others can go and check out the awesome services you are offering. If you do not want us to promote your website, let us know, and we will use all reasonable and feasible measures to remove the promotion. 

 

FACEBOOK GROUP USER GUIDELINES

 

As part of your purchase of our template packages, you will be invited to join a private Facebook community group that will include IDCO staff and other template users. The purpose of this group is to answer questions you may have about our templates and to facilitate a community of like-minded creatives!

To make sure that the Facebook group is enjoyable for everyone, we have established some ground rules to follow. IDCO will not be liable for any content posted in the Facebook group, but we may as an administrator delete posts or remove users that in our discretion, we find inappropriate (remember, the internet is public and forever). 

Please don’t: 

  • Use the group to spam or send unsolicited commercial posts;

  • Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;

  • Upload or post any content that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;

  • Upload or post content that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or

  • Upload or post content that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.

 

Please do:

  • Share tips on how to customize and optimize your IDCO template;

  • Give constructive feedback on how IDCO can improve our services;

  • Ask questions about the IDCO template and the industry in general;

  • Network and make friends; and

  • Be a nice human!

 

SUSPENSION & TERMINATION OF. YOUR ACCOUNTS

 

  • Involuntary Suspension or Termination of Your Account

IDCO will make best efforts to notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior that we believe is in violation. However, we reserve the right to suspend or terminate your IDCO account and/or remove you from the Facebook community group without warning. 

 

  • Voluntary Termination of Your Account

You are free to voluntarily delete your IDCO account by requesting for IDCO to terminate your account manually and you are also free to leave the Facebook community group at any time. Deleting your account may mean that you may no longer have access to your user portal or Bonus Materials. IDCO cannot guarantee that all information that you have previously provided to IDCO will be deleted along with your account. We will be sad to see you leave!

 

[BEWARE THIS IS WHERE SOME OF THE MORE COMPLICATED AND NECESSARY LEGAL EXPLANATIONS BEGIN. PLEASE READ CAREFULLY!]

 

INTELLECTUAL PROPERTY

 

While IDCO does not have any individual ownership over additional content that you add to our templates. We do retain ownership of all intellectual property in the templates, Bonus Materials, and the IDCO brand itself, including copyrights, trademarks, service marks, and patents. By granting you access to our templates and Bonus Materials, IDCO does not grant or transfer to you any other rights, title or interest, other than a limited license. You also do not have permission to remove or alter any intellectual property notices or IDCO branding that may be contained in our templates or Bonus Materials. 

 

COPYRIGHT POLICY

 

IDCO respect’s the intellectual property rights of others. It is our policy to respond to and investigate any claim that content used in connection with our services infringe on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our services infringes on another copyrighted work, please submit your claim via email to studio@theidentite.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. In accordance with 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

 

  • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  • identification of the URL or other specific location on our services where the material that you claim is infringing is located;

  • your address, telephone number, and email address;

  • 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; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.
     

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature. 

 

REPRESENTATIONS & WARRANTIES

  • IDCO’s Representations and Warranties

IDCO’S SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” IDCO MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR SERVICES. HOWEVER, IDCO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. IDCO DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. IDCO IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. IDCO DOES NOT GUARANTEE ANY LEVEL OF SUCCESS, ANY VOLUME OF USER INTERACTION WITH OUR TEMPLATES OR THAT ANY AMOUNT OF WEB TRAFFIC WILL BE ACHIEVED BY YOUR USE OF OUR SERVICES. 

 

  • User Representations and Warranties
     

By using IDCO’s services, you represent and warrant that:
 

  • You are free to enter into and comply with this ToU and are not under any disability, restriction or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
     

  • You have read and agree to this ToU and our Privacy Policy and will not use IDCO’s services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;
     

  • You will not try to reverse engineer our site or software to circumvent our limited release policy or otherwise; and
     

  • You will not violate our intellectual property rights in the template and Bonus Materials licensed to you under this ToU.

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL IDCO BE LIABLE FOR ANY CONTENT THAT YOU ADD TO OUR TEMPLATE OR THAT YOU CUSTOMIZE FOR YOUR OWN PURPOSES, THIS INCLUDES ANY CLAIMS ARISING AS A RESULT OF OBSCENE, NEGATIVE OR DEFAMATORY CONTENT, YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL OR YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS. IDCO WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF IDCO UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO IDCO FOR OUR SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, IDCO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND IDCO. 

 

INDEMNIFICATIO

 

You agree to indemnify and hold IDCO harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs), resulting from: 
 

  • any breach by you of this ToU;
     

  • any third-party claim arising from content that you have customized or added to the IDCO template, including, but not limited to, claims of copyright infringement, trademark infringement, right of publicity, rights of privacy, breach of contract, defamation, fraud, misrepresentation, inaccuracy, discrimination, abuse, pornography or obscenity; and
     

  • any activity related to your account, unless the activity was caused by the act or default of IDCO.

 

PRIVACY, COOKIES & DATA PROTECTION

 

We care about your personal information, and all personal information that you provide to us is collected by us and used in accordance with our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy. 

 

INTERNATIONAL USERS

 

IDCO’s services are controlled, operated and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access IDCO outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our services, in whole or in part, to any geographic location or jurisdiction we choose. 

 

DISPUTE RESOLUTION

 

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND THE TERMINATION OF YOUR IDCO ACCOUNT.
 

  • Letting Us Know About Complaints
     

At IDCO, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about the services that IDCO has provided, please reach out to IDCO to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.  

 

  • Mandatory Binding Arbitration
     

If any controversy or claim arising out of, or relating to, this ToU, IDCO’s services, our Privacy Policy or any other legal agreement entered into relating to IDCO, cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property. 

 

The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If an arbitrator determines a claim against IDCO to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse IDCO for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs. 

 

  • Class Action Waiver
     

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against IDCO will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of IDCO’s services. 

 

ASSIGNMENT


You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of IDCO. IDCO reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the IDCO business or assets. However, we will do our best let you know if there has been a substantial change in the ownership of IDCO. 

 

SURVIVAL OF TERMS BEYOND TERMINATION

 

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination. 

 

WAIVER& SERVERABILITY

 

No waiver by IDCO of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same, or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible. 

 

APPLICABLE LAW & JURISDICTION

 

Except where otherwise required by mandatory law, this ToU as well as our Privacy Policy, are to be governed by and interpreted, constructed, and enforced in accordance with the laws of Texas.

 

ENTIRE AGREEMENT

 

This ToU represents the entire and exclusive agreement between IDCO and our users. All previous written and oral agreements and communications related to the subject matter of this ToU are superseded. 

 

CONTACT US

 

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations when it comes to using our services. However, if you have any questions about this ToU, our Privacy Policy or IDCO’s services in general, just reach out! We would be more than happy to explain.

 

The Identite Collective, LLC
studio@theidentite.co
105 West 8th Street, Austin, Texas 78701

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