LEISURE ARTS: Downloadable Digital Products Terms and Conditions of Sale
These terms and conditions set out the terms and conditions between you, the customer, and Leisure Arts (“us,” “we”), governing the use of our website and our downloadable digital books and patterns, including the content therein (the “Products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download, or use any of our products.
2.0 Digital Product License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use, storage, retention, and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
After purchasing the digital product, you will be given access to the product materials through a download available from your user account on Leisurearts.com. You will have five (5) downloads or one year access, whichever comes first, to the materials so long as the product(s) is/are available.
3.0 Intellectual Property
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain the sole and exclusive property of Leisure Arts. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
4.0 Refunds and Chargebacks
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by you in connection with the Product will be allowed under any circumstances. However, if you are experiencing technical difficulties, please contact Customer Service. Notification of any issues must occur within 10 calendar days of the original sale. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
5.0 Warranties and Liability
We make every effort to ensure that our products are accurate, authoritative, and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied, or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special, or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver.
7.0 Contacting Us
Please do not hesitate to contact us regarding any matter relating to this Downloadable Digital Products Terms and Conditions of Sale Policy via email firstname.lastname@example.org.