Unbranded Space Product License and Terms of Use

SECTION 1 – OVERVIEW

This documents outlines the License and Terms of Use of Unbranded Space’s Downloadable Website Templates for Elementor.

SECTION 2 – DEFINITIONS

The website of Unbranded Space’s online store located at the url unbrandedspace.com shal herafter be refered to as the website or our website.

The Downloadable Website Templates for Elementor created by Unbranded Space and made available for purchase and download on the website shall be referred to as the product or our products.

Where we refer to You, we are referring to the purchaser and licensee of the product. You can be a business or individual and both are treated the same for the purposes of this agreement.

SECTION 3 – ORDER PROCESS

Our products are obtained by creating an account on our website and purchasing via the website.

By using our products you acknowledge that you have obtained the product by purchasing it directly from our website. If you have obtained the product in any other way then you are in breach of the Terms of Use that govern the product, and do not have license to use the product for any purpose.

SECTION 4 – PRICES

Our prices are displayed in Australian dollars where we are able to geolocate via your IP address that Australia is country that you are located in at the time of making your purchase. We also add GST to purchases made from Australian Geolocations. In every other instance where you are not identified as being located in Australia, then prices will be displayed in US Dollars.

In purchasing the product you accept that there may be times that your geolocation may be misidentified either due to third party software running on your device, ISP restrictions, or a number of other reasons. In such instance you may find that the price you have been charged varies from that on the website, due to currency conversions and third party merchant fees that Unbranded Space have no control over.

Subject to the variance outline in the above paragraph, the price you have paid for the product is the price that you have agreed to pay at the time of purchase. If after purchase the price changes then you have no recourse to seek a retroactive price adjustment or credit.

SECTION 5 – PAYMENTS

We accept credit card payments via the Stripe Payment gateway, and as such your purchase is governed by the Stripe Gateways Terms & Conditions.

SECTION 6 – LICENSE OF DOWNLOADED FILES / SOFTWARE

By successfully purchasing a product from our website, you and only you, are licensed to store the downloaded files on one device only. However from that one device you are allowed to upload the template & page files to as many WordPress / Elementor installations as you like. You may transfer the files to another device that you own, but must then delete the files from the original device.

Under no circumstances may you give or resell the files or to a third party.

The images / videos / graphics or other media files we have used in our products, unless otherwise stated, have been sourced from free media websites that operate under Creative Commons CC0 licensing. To the best of our knowledge you are able to use the media files in your own website, however should any fees or legal claims be made against you for using the media files, then you can not hold Unbranded Space responsible. 

In some of our templates we may use media files such as images or logos that are the intellectual property of Unbranded Space or a third party. Under no circumstances are you allowed to use these files in your own websites or for any other purpose, nor are you allowed to claim any form of authorship of said files. Should your product contain such files then they will be detailed in the relevant “Product Guide” in your account dashboard and also in a “Read Me” file located with the downloaded files.

SECTION 7 – LIMITATIONS

When purchasing a product you also have access to that products “Product Guide”. To access a “Product Guide” you must have an account with our website. Under no circumstances are you to allow access to your account to a third party.

If you are located in Europe then under the General Data Protection Regulation you are entitled to request that the data we store about your purchases be removed. For all other jurisdictions where the General Data Protection Regulation does not apply, you may still request removal of your data, and it is Unbranded Space’s decision as to whether or not we will comply.

Should we remove your data, you accept that you will no longer be able to access the “Product Guides” for the products you have downloaded and you are not entitled to an off-line version of said guides.

Should you delete your account with the our website, then the same conditions apply ie. you will not be able to access your”Product Guide”. Should you delete your account and then later decide that you wish to again have an account with our website, then we offer no guarantee that your purchases from the previous account will be carried over. You may need to repurchase a product to gain access to that products “Product Guide”. In these circumstances, it is the determination of Unbranded Space as to whether or not you will need to repurchase our products.

SECTION 8 – WARRANTIES

We do not offer any guarantee, or warranty of any kind for our downloadable products.

All products are tested with most current versions of WordPress and Elementor at the time of publication using our own custom theme. Should you be unable to import our files into your Elementor WordPress library then you may contact us for support at [email protected] and we will attempt to assist you, but under no circumstances will we become obliged to ensure that the files function as intended, and may choose to cease in assisting you at any time.

We offer no gurantee that after installing the template files on your website that they will appear identical to the Product Demonstration Website or any images of the template files that can be accessed on our website.

You also accept that certain themes may make the files appear different than how they appear on the demonstration website, and that Unbranded Space can not be held responsible for how the files will appear or perform on any given theme.

You agree that from time to time our online service may be inaccessible for indefinite periods of time or cancel the service at any time, without notice to you.

You also agree that we may discontinue products at any time and as such any account services associated with that product such as , but not limited to, the “Product Guide”, may cease to be accessible.

You expressly agree that your use of, or inability to use, the product and online service is at your sole risk. All products and services delivered to you 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.

In no case shall Unbranded Space, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 9 – REFUNDS / RETURNS

As there is no way that we can control the way that our downloadable files are reproduced we cannot offer a return service on our products under any circumstances. As such we offer no refunds of any kind unless it can be proven that we have been unable to provide you with the downloadable product file, and all of our attempts to assist you in the matter have failed.

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Unbranded Space and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the License or these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 11 – SEVERABILITY

In the event that any provision of the License or these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the license or these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of the License or these Terms of Use shall not constitute a waiver of such right or provision.

The License and these Terms of Use and any policies or operating rules posted by us on this site or in respect to our products or services constitutes the entire agreement and understanding between you and us and govern your use of our products or services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the license or Terms of Use).

Any ambiguities in the interpretation of the license or these Terms of Use shall not be construed against the drafting party.

SECTION 13 – GOVERNING LAW

The license or these Terms of Use and any separate agreements whereby we provide you Products or Services shall be governed by and construed in accordance with the laws of Western Australia, Australia.

SECTION 14 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the license and Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of the Terms of Use 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 Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 15 – CONTACT INFORMATION

Questions about the license or Terms of Use should be sent to us at [email protected]