Terms and Conditions
Last updated: October 4, 2023
Welcome to HolyTemplate. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy.
1. User Agreement
Your use of the HolyTemplate.com website, including all materials presented herein and all online services provided by the site, is subject to these Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site.
2. Products and Services
HolyTemplate offers digital download products and printing services. The digital products can be downloaded from our website after purchase, and the physical products are shipped to the customer's address.
3. Intellectual Property Rights
1. GENERAL PROVISIONS
All of the licensed content and all the content on the Website is owned by HolyTemplate and all rights not expressly granted in this agreement are reserved by HolyTemplate.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of HolyTemplate or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
2. STANDARD LICENSE
Every file / content (template) downloaded from HolyTemplate comes with a Standard License.
a. Scope
The rights granted to the User by HolyTemplate are:
Perpetual, meaning there is no expiration or end date on your rights.
Non-exclusive, meaning that HolyTemplate can license the same content to other Users.
Worldwide.
Unlimited for an infinite number of projects.
Non-transferable and not sublicensable (see Clause 6 below).
b. Purpose
The Standard License is valid for the User’s client and personal projects such as Corporate Presentations, their own Website, and their own Social Media.
c. Restrictions
The User with a Standard License may not use the templates for
Products for Resale
Digital Advertisement
Electronic Templates
Print Runs
For these uses the User needs to obtain a Commercial License or an Individual License (see Clauses 3 and 4 below)
3. COMMERCIAL LICENSE
With the purchase of a Commercial License the User obtains additionally the following rights:
a. Products for Resale and Print Run
Use of the templates in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, CDs, LPs, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such products on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items.
Included in the Commercial License are up to 250,000 instances in total. Physical products can be:
Postcards, greeting cards or other cards, stationery, stickers and paper products; or
Posters, calendars or other similar publications, mugs or mousepads; or
T-shirts, sweatshirts, or other apparel, games, toys, entertainment goods like CDs or DVDs, framed or mounted artwork; unlimited for electronic products.
Reproductions of the content in physical print form not mentioned above.
b. Digital Advertisement
The User may use templates for digital online advertising within paid placement or promotional or marketing content in mobile and desktop applications for an unlimited number of impressions.
c. Electronic Templates
The User may use templates in their electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates). However, the templates may not be removed from the templates and given to third parties as stand-alone. HolyTemplate's consent via an Individual License remains reserved.
d. Restrictions
The use of the templates with a Commercial License is limited to one project.
4. INDIVIDUAL LICENSE
If the User intends to use template for other purposes than mentioned above or if the User wants to obtain a large number of templates they can contact HolyTemplate directly and negotiate an individual purchase with an Individual License.
5. SUBSCRIPTION
HolyTemplate offers several types of Subscription options. The User can purchase a Standard License for personal and client projects, for an unlimited number of projects for the duration of one year. The subscription model is limited to the amount of employees of a company which is defined in the product description.
6. RESTRICTED USES
The restrictions listed below always apply and are independent of the license purchased by the User.
a. Unlawful or otherwise restricted Use
The User may not use templates in a pornographic, racist, homophobic, transphobic, sexist, defamatory or in any unlawful manner or in violation of any applicable regulations or industry codes or for products related to such manner. Furthermore, the User may not be use content in projects or for clients that actively or passively aim to limit the rights of displaced persons, people with disabilities or human rights in general.
b. Use in Trademark or Logo
The User may not use templates (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trade name, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (inwhole or in part) as a trademark or rely on any such registration to prevent use of such content by any other person.
c. False Representation of Authorship
The User may not claim that they are the original creator of a template. If a template is only slightly adjusted the User may not claim that they are the original creator of this template. The User has to make significant changes or add significant additional content to be able to claim that they are the creator of a new product.
d. Transferability Restriction
The User may not sublicense, resell, assign, transfer, share, give, donate or otherwise distribute the content or the rights granted under this agreement. The User may not use the templates, or any modification thereof, as part of a trademark, design-mark, trade-name, business name, service mark, or logo.
7. TERMINATION
Any misuse of the license or breach of this agreement will result in termination of the license. Upon termination of a license, the User must immediately cease using the content for any purpose; destroy or delete all copies and archives of the content or accompanying materials; and, if requested, confirm to HolyTemplate in writing that the User has complied with these requirements.
8. INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless HolyTemplate and its affiliates, and their respective directors, officers, employees and agents, from any and all claims or demands made by any third party due to or arising out of your use of the content, your breach of this agreement, or your violation of any rights of another.
4. Payment and Refunds
All payments must be made at the time of purchase. HolyTemplate uses third-party payment processors and is not responsible for any failures in the processing of payments by such third parties.
We do not provide refunds for our products once they are downloaded or shipped. If you have any issues with a product, please contact our customer service.
5. Limitation of Liability
In no event shall HolyTemplate, nor its contributors, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
6. Changes to This Agreement
HolyTemplate reserves the right to modify these Terms and Conditions at any time. We do so by posting and drawing attention to the updated terms on the website. Your decision to continue to visit and make use of the website after such changes have been made constitutes your formal acceptance of the new Terms and Conditions.
7. Contact Us
If you have any questions or concerns regarding the Terms and Conditions related to our website, please feel free to contact us at the following email, or mailing address.
Email:
Hello@holytemplate.com
Mailing Address:
201 allen St.
New York, ny 10002