USER AGREEMENT

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Last updated June 19,2021

This Terms of Use Agreement (“ToU”) is made between The Real Estate Creative Studio Studio (“The Real Estate Creative Studio,” “we,” “us” or ”our”) and you, the individual choosing to use our online services (“you” or the “user”). 

 

WHAT THIS ToU COVERS

 

The Real Estate Creative Studio is a design studio that caters to real estate brokerages, agents, and design assistants. The Real Estate Creative Studio provides professional brand template packages. 

 

SERVICES THIS ToU DOESN’T COVER

 

Links to our partners' websites and services are occasionally provided as a way to thank them. In the event you click one of these links, you will leave The Real Estate Creative Studio, and these Terms & Conditions no longer apply. We are not responsible for the content, privacy policies, or practices of any third-party websites or services that we link to. 

 

 

ACCEPTANCE OF ToU

These Terms of Service are bland as an underlit house. However, should you purchase any of our templates, you understand that you will be legally bound by the terms set forth in this agreement, so please take a moment and read it thoroughly. We encourage you to read our privacy policy as well.

CHANGES TO TERMS

There may be a time when we need to make changes to these Terms of Service. At the top of this ToU, you will find the date at which the ToU was last updated. You will be informed in advance if we think that changes to our terms may materially affect the way in which our services are applied to you. Regularly reviewing this ToU will ensure that you are fully informed. Whenever our TOUs change, you agree to abide by the new terms. We encourage you to continue using our services after the change has been implemented.

  

CONDITIONS BEFORE YOU ACCESS OUR SERVICES

 

The services we offer are not intended or targeted to people under the age of 13 and anyone under the age of 16 must have permission from their parent or guardian to access them. Among other requirements for purchasing any of our templates packages, you must be over 18 and if you are acting on behalf of a company, you must have the authority to use our services and sign these Terms of Service.  

 

THE REAL ESTATE CREATIVE STUDIO USER ACCOUNTS

 

Just browsing our website and templates? Please go ahead - no account is required! When you purchase a template package (and why not? ), you will need to create an account with us first. As part of the registration process, we will need to know your email address, name, and password. Please rest assured that any personal information you provide to us will be handled as per our privacy policies.  

 

TEMPLATE SINGLE-USE LICENSE

 

Each template package purchased from Real Estate Creative Studio comes with a single-use license. All templates purchased on the www.therealestatecreativestudio.com site, as well as any Bonus Materials included in the package, are covered by this license. As the name suggests, this license allows you to use the template for one person (the purchaser), and to use the Bonus Materials for one person (the purchaser). For additional uses, you will need to purchase an additional template package from Real Estate  Creative Studio. Our template packages are non-exclusive, meaning that others may purchase them as well. The template cannot be resold, leased, duplicated, licensed, sublicensed, redistributed, or offered for free to any third party or marketplace.

 

 

TEMPLATE AVAILABILITY

 

We cannot guarantee that any particular template will be available or will remain available for purchase. All sales are on a first-come, first-served basis. It's true what they say, it's better to be early rather than late.

 

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

 

You will not be able to cancel your order once you have received the template package, and no refunds will be issued by The Real Estate Creative Studio.

 

  

IMAGERY, GRAPHICS & FONTS USED IN OUR TEMPLATES

 

As beautiful as the photographs that are shown in our demo templates are, they are premium stock photography found in Canva. Any other imagery, graphics, and fonts provided as part of our templates are allowed to be used. 

 

CUSTOMIZATION & MODIFICATIONS

 

Our templates can be customized and modified to suit your business vision. Feel free to customize it however you like! Modifications and customizations to a template will not render it a separate creation that you can then distribute to others. All resulting works based on our templates will be subject to our single-use license. 

INTELLECTUAL PROPERTY

 

Although The Real Estate Creative Studio does not own the additional content that you add to our templates. The Real Estate Creative Studio remains the sole owner of all intellectual property in the templates, Bonus Materials, and the brand itself, including copyrights, trademarks, service marks,  and patents. In granting you access to our templates and Bonus Materials, The Real Estate Creative Studio does not grant under any circumstances any other rights, titles or interests to you, other than a limited license to use them for your personal use. Furthermore, you are not permitted to alter any intellectual property notices or branding that may appear in our templates or Bonus Materials. 

 

 

COPYRIGHT POLICY

 

A person's intellectual property rights are respected by the Real Estate Creative Studio. If a person or entity claims that any content used to provide our services violates the copyrights or other intellectual property rights of that person or entity, we will respond and investigate. You may file a claim with info@therealestatecreativestudio.com , with the subject line: "Copyright Infringement," if you are an authorized agent or owner of a copyright. A detailed description of the alleged infringement should be included in the claim. According to 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include the following:

 

·           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.

 

In the event of a misrepresentation or bad-faith claim concerning the content you report as allegedly infringing in nature, you could be held liable for damages (including attorneys' fees and costs). 

 

 

REPRESENTATIONS & WARRANTIES

  • The Real Estate Creative Studio’s Representations and Warranties

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The Real Estate Creative Studio’S SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” The Real Estate Creative Studio MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR SERVICES. HOWEVER, The Real Estate Creative Studio 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. The Real Estate Creative Studio DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. The Real Estate Creative Studio 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. The Real Estate Creative Studio 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 The Real Estate Creative Studio’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 The Real Estate Creative Studio’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 THE REAL ESTATE CREATIVE STUDIO  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. THE REAL ESTATE CREATIVE STUDIO 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 THE REAL ESTATE CREATIVE STUDIO UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO The Real Estate Creative Studio FOR OUR SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, THE REAL ESTATE CREATIVE STUDIO’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 THE REAL ESTATE CREATIVE STUDIO.

 

 

INDEMNIFICATION

 

You agree to indemnify and hold The Real Estate Creative Studio 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 Real Estate Creative Studio 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 The Real Estate Creative Studio.

 

PRIVACY, COOKIES & DATA PROTECTION

 

Whenever you provide us with personal information, we collect it and use it in accordance with our Privacy Policy. In this policy, we also describe how we use cookies and protect your personal information. 

 

 

INTERNATIONAL USERS

 

Despite our offices being located in the United States of America, the Real Estate Creative Studio's services are not under the jurisdiction or control of any country outside the United States. THE UNITED STATES OF AMERICA IS THE SOLE JURISDICTION IN WHICH THE USE OF OUR SERVICES IS APPROPRIATE, LEGAL, OR AVAILABLE. Anyone accessing The Real Estate Creative Studio outside the United States of America does so at their own risk and is responsible for any and all compliance with their country's laws and regulations, as well as any export control restrictions of the United States. 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 REAL ESTATE CREATIVE STUDIO ACCOUNT.

 

·           Reporting Complaints

 

We hope to work out any complaints or differences with you respectfully and calmly at The Real Estate Creative Studio. Feel free to contact The Real Estate Creative Studio if you have any concerns about the services provided by The Real Estate Creative Studio. In the event that we are unable to resolve our differences, the following mandatory binding arbitration will be used to settle the dispute.  

 

·           Mandatory Binding Arbitration

 

Any controversy or claim arising out of or relating to this ToU, The Real Estate Creative Studio's services, our Privacy Policy, or any other legal agreement involving The Real Estate Creative Studio, will be decided through binding arbitration rather than in court. However, binding arbitration will not apply with respect to claims of infringement or misappropriation of intellectual property. 

 

Binding arbitration will be conducted in accordance with the American Arbitration Association's Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (the "AAA"),  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 asserting party becoming reasonably aware of the act or omission that gave rise to the claim. If applicable law prohibits a one-year statute of limitations, claims must be asserted within the shortest period of time permitted by the applicable law. All other arbitration costs, except for attorney fees, will be shared equally between the parties unless the AAA Rules provide otherwise. If an arbitrator determines a claim against The Real Estate Creative Studio to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse The Real Estate Creative Studio 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 The Real Estate Creative Studio will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of The Real Estate Creative Studio’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 The Real Estate Creative Studio. The Real Estate Creative Studio 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 Real Estate Creative Studio business or assets. It is our aim to notify you if The Real Estate Creative Studio's ownership changes substantially. 

 

 

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& SEVERABILITY

 

This TOU will not be construed as a waiver of any term or condition in the future, or for breach of any preceding or subsequent term or condition. In the event that a term or condition in this TOU is deemed invalid, illegal, or unenforceable, the remainder of the provisions will remain in effect and will be enforced to the fullest extent permitted by law. 

 

 

APPLICABLE LAW & JURISDICTION

 

Our Terms of Service and Privacy Policy shall be governed by, and interpreted, constructed, and enforced in accordance with, the laws of the State of Texas, except where mandatory law requires otherwise.

 

 

ENTIRE AGREEMENT

 

The Real Estate Creative Studio and its users are bound by this TOU. Any prior written or oral agreements or communications related to the subject matter of this agreement are canceled. 

PURCHASING TEMPLATES 

 

 Templates do not include legal language that may be required by law or otherwise.

The Real Estate Creative Studio will not be held liable if legal disclaimers are not added to the template. Be sure to check your local/regional/national legal disclaimer requirements prior to printing, displaying, posting or any other form of action. 

 

 

CONTACT US

 

Please take the time* to read through the legal language of this document. In communicating our expectations regarding the use of our services, we have tried to be as clear as possible. Feel free to contact us if you have any questions about this ToU, our Privacy Policy, or The Real Estate Creative Studio in general. It would be our pleasure to explain.

The Real Estate Creative Studio

info@therealestatecreativestudio.com