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Updated: October 2023.
These Terms and Conditions ("Terms") govern your use of the SproutViral.com website ("Website"), operated by INFOGRATO LLC ("Company"). By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you should refrain from using the Website.
1.1. Eligibility: You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you meet this age requirement.
1.2. Lawful Use: You agree to use the Website only for lawful purposes and in a manner consistent with all applicable local, state, national, and international laws and regulations.
1.3. Prohibited Activities: You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
2.1. Ownership: All content and materials available on the Website, including designs, text, graphics, logos, images, and software, are the intellectual property of the Company and are protected by copyright and other intellectual property laws.
2.2. Restrictions: While general copying, reproducing, republishing, uploading, posting, transmitting, or distributing any material from the Website is prohibited without our express written permission, this restriction does not apply to the reselling of templates to end users under the terms of an active SproutViral subscription. Subscribers are permitted to resell these templates in accordance with the specific terms and limitations of their subscription plan.
3.1. Subscription: To access and resell our digital templates, users must subscribe to one of our plans
3.2. Reselling Rights: Subscribers are granted a non-exclusive, non-transferable license to resell the digital templates obtained from SproutViral. These rights are contingent upon an active subscription.
3.3. Limitations on Use: Subscribers are prohibited from using the templates to create a competing service or resell the reselling rights. The templates are to be sold directly to end-users only.
4.1. Registration of Store Links: Subscribers must register the URLs of their online stores where they intend to resell our templates. This registration is necessary for compliance and verification purposes.
4.2. Compliance Checks: The Company regularly monitors online platforms to ensure that our templates are not being resold by unauthorized sellers or on unregistered platforms. This is to maintain the integrity of our service and protect our intellectual property.
5.1. Refunds: Due to the digital nature of our products, we do not offer refunds or partial refunds once a subscription is purchased. We encourage our prospective customers to take advantage of our Free Plan, which allows access to a selection of free templates. This is designed to help you evaluate the quality and suitability of our offerings before committing to a premium subscription. We believe this approach ensures that our customers can make informed decisions with confidence.
5.2. Cancellation: Subscribers may cancel their subscription at any time through their account dashboard. Upon cancellation, the right to resell our templates ceases immediately.
6.1. Account Termination: We reserve the right to terminate or suspend your account and access to the Website and its services if you breach these Terms. This includes, but is not limited to, unauthorized resale of template rights, which mirrors our business model. Such actions will be met with immediate account suspension.
6.2. Chargebacks: In the event of a chargeback or payment dispute, the user's account will be disabled permanently. The user must cease all selling activities of Sproutviral's templates immediately to avoid potential legal issues.
7.1. Template Originality: Due to our global network of designers, the Company strives to ensure the originality of all templates and elements. However, given the wide variety of sources and contributions, complete originality cannot be guaranteed 100%. We endeavor to monitor and maintain high standards, but the complexity of international sourcing presents challenges in verification.
7.2. DMCA Compliance: In the event a template is subject to a valid DMCA takedown notice, it will be removed promptly from our platform, and subscribers will be informed to cease its sale.
7.3 To safeguard our intellectual property and ensure compliance with our Terms, we utilize the services of third-party companies, such as DMCA.com, to scan the internet for unauthorized use or resale of our templates. These services may automatically issue DMCA takedown notices on our behalf for content that infringes our rights. Additionally, each template downloaded from our Website contains unique metadata, including a distinct ID assigned to each user. This allows us to track and identify instances where a template is being shared or resold without an active subscription. It is important for users to understand that any unauthorized distribution or resale can be traced back to the original downloader through this method.
8.1. The Company reserves the right to modify, suspend, or discontinue the Website, its content, or any part of our services at any time, with or without notice.
8.2. We may revise these Terms from time to time. The revised Terms will be effective as of the date of posting on the Website. Continued use of the Website after such changes will constitute acceptance of the new Terms.
9.1. These Terms are governed by and construed in accordance with the laws of Texas, USA, without regard to its conflict of law principles.
9.2. Any disputes arising from or related to the use of the Website or these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas, USA.
10.1. The Company provides the Website and its services on an "as is" and "as available" basis. We do not make any specific promises or warranties about the Website or its content, including the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
10.2. The Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
11.1. In no event shall the Company be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) the use or the inability to use the Website or services; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the Website or the services.
12.1. For any questions, concerns, or notices regarding these Terms, please contact us at support@sproutviral.com
13.1. By using the Website and its services, you acknowledge that you have read these Terms and agree to be bound by them.
13.2 By using the Website and its services, you acknowledge and consent to our use of such third-party services and metadata tracking for the purpose of protecting our intellectual property and ensuring compliance with these Terms. You understand that any violation of our reselling policies may result in immediate account suspension and legal action, depending on the severity of the infringement.
