Template Terms of Use
Hey there fellow small biz owner! By purchasing a Showit website template (hereinafter the “Product”), you, the purchaser (hereinafter “Purchaser”) enters an agreement with Inkpot Creative®, LLC of Not Your Average Template Shop ("Company") and agree to the following terms:
1. Product Deliverables
The Product is a website template created for the Showit platform. Company agrees to provide the content as promised on the Product checkout page.
For all website templates, this includes:
Some website templates also have tutorial libraries. These include Antoni Showit Template, Callie Showit Template, Charlie Showit Template, David Showit Template, Lorna Showit Template, Waverly Showit Template, Alex Showit Template, Casey Showit Template, Clarke Showit Template, Izzie Showit Template, Lexa Showit Template, and the Santana Showit Template.
Purchaser will retain access to the Product for the life of the Product, meaning for as long as Company offers and maintains the Product. Company will provide Purchaser with at least one month’s notice should Company need to retire the Product. It is then Purchaser’s responsibility to download all materials from the Product before the retirement date noted by Company.
Purchaser may use Product for ONE (1) website. If Purchaser needs to use Product on more than one website, Purchaser must buy Product for as many websites as they are creating.
2. Privacy Policy
Company's Privacy Policy is hereby incorporated by reference into this agreement. Purchaser understands that Company will be providing a template design to Purchaser and that Company’s obligations under this Agreement exist only while Purchaser is a paying member of the Product and that Company’s obligations will cease once Purchaser or Company cancels Purchaser’s membership.
Purchaser also understands that Company is not providing one-on-one service on behalf of Purchaser.
3. Payment
In consideration of Purchaser’s access to the Product, Purchaser agrees to pay the price outlined on the checkout page (normally $67 - $497 per template, depending on the product), unless Purchaser is joining during a promotional period (including but not limited to Product being in a bundle, Company runs a sale, etc).
4. No Refunds
Company has a strict no refund policy on the Product. Purchaser understands and agrees to this.
5. Cancellation
Purchaser may not cancel their payments for the Product and understands that they are responsible for paying for the Product in full upon registration. Should Purchaser fail to make timely payment, Company may immediately suspend Purchaser’s access to the Product and pursue whatever remedies available to collect the balance owed.
Company may cancel Purchaser’s Product at any time for any reason.
6. Intellectual Property
Company owns the rights to all content in the Product such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Purchaser’s participation in the Product does not transfer any intellectual property rights to Purchaser. Company grants Purchaser a single-use, non-exclusive, non-transferable, revocable license to any and all Product content. Purchaser agrees not to create any derivative works of the content found in the Product.
7. Force Majeure
Company shall not be liable or responsible to Purchaser, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8. Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Company agrees only to provide Purchaser with access to the Product, which provides a Showit website template and information. The information contained in the Product, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
9. Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
10. Liability
Purchaser agrees to absolve and do hereby absolves Company of any and all liability or loss Purchaser may suffer or incur as a result of use of the Product and/or any information and resources contained in the Product. Purchaser agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Product.
11. Warranty
Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Product for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
12. Assignment
Purchaser may not assign this Agreement without express written consent of Company.
13. Modification
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
14. Indemnification
Purchaser agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Purchaser’s use of or inability to use the Product and related services, any user postings made by Purchaser, your violation of any terms of this Agreement or your violation of any rights of a third party, or Purchaser’s violation of any applicable laws, rules or regulations.
15. Dispute Resolution
Purchaser expressly waives any and all claims, now or in the future, arising out of or relating to the Product. To the extent Purchaser attempts to assert any such claim, Purchaser hereby expressly agrees to present such claim only in the small claims courts in Las Vegas, Nevada, USA.
Last Updated: November 8, 2023
1. Product Deliverables
The Product is a website template created for the Showit platform. Company agrees to provide the content as promised on the Product checkout page.
For all website templates, this includes:
- Access to the template share key
- Access to Inkpot Creative Corner, our client/Purchaser-only Facebook group
Some website templates also have tutorial libraries. These include Antoni Showit Template, Callie Showit Template, Charlie Showit Template, David Showit Template, Lorna Showit Template, Waverly Showit Template, Alex Showit Template, Casey Showit Template, Clarke Showit Template, Izzie Showit Template, Lexa Showit Template, and the Santana Showit Template.
Purchaser will retain access to the Product for the life of the Product, meaning for as long as Company offers and maintains the Product. Company will provide Purchaser with at least one month’s notice should Company need to retire the Product. It is then Purchaser’s responsibility to download all materials from the Product before the retirement date noted by Company.
Purchaser may use Product for ONE (1) website. If Purchaser needs to use Product on more than one website, Purchaser must buy Product for as many websites as they are creating.
2. Privacy Policy
Company's Privacy Policy is hereby incorporated by reference into this agreement. Purchaser understands that Company will be providing a template design to Purchaser and that Company’s obligations under this Agreement exist only while Purchaser is a paying member of the Product and that Company’s obligations will cease once Purchaser or Company cancels Purchaser’s membership.
Purchaser also understands that Company is not providing one-on-one service on behalf of Purchaser.
3. Payment
In consideration of Purchaser’s access to the Product, Purchaser agrees to pay the price outlined on the checkout page (normally $67 - $497 per template, depending on the product), unless Purchaser is joining during a promotional period (including but not limited to Product being in a bundle, Company runs a sale, etc).
4. No Refunds
Company has a strict no refund policy on the Product. Purchaser understands and agrees to this.
5. Cancellation
Purchaser may not cancel their payments for the Product and understands that they are responsible for paying for the Product in full upon registration. Should Purchaser fail to make timely payment, Company may immediately suspend Purchaser’s access to the Product and pursue whatever remedies available to collect the balance owed.
Company may cancel Purchaser’s Product at any time for any reason.
6. Intellectual Property
Company owns the rights to all content in the Product such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Purchaser’s participation in the Product does not transfer any intellectual property rights to Purchaser. Company grants Purchaser a single-use, non-exclusive, non-transferable, revocable license to any and all Product content. Purchaser agrees not to create any derivative works of the content found in the Product.
7. Force Majeure
Company shall not be liable or responsible to Purchaser, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8. Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Company agrees only to provide Purchaser with access to the Product, which provides a Showit website template and information. The information contained in the Product, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
9. Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
10. Liability
Purchaser agrees to absolve and do hereby absolves Company of any and all liability or loss Purchaser may suffer or incur as a result of use of the Product and/or any information and resources contained in the Product. Purchaser agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Product.
11. Warranty
Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Product for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
12. Assignment
Purchaser may not assign this Agreement without express written consent of Company.
13. Modification
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
14. Indemnification
Purchaser agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Purchaser’s use of or inability to use the Product and related services, any user postings made by Purchaser, your violation of any terms of this Agreement or your violation of any rights of a third party, or Purchaser’s violation of any applicable laws, rules or regulations.
15. Dispute Resolution
Purchaser expressly waives any and all claims, now or in the future, arising out of or relating to the Product. To the extent Purchaser attempts to assert any such claim, Purchaser hereby expressly agrees to present such claim only in the small claims courts in Las Vegas, Nevada, USA.
Last Updated: November 8, 2023
