Last Updated or Modified: October 25, 2017
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE OR CLICKING TO ACCEPT AND AGREE TO BE BOUND SHALL BE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.
Acceptance of the Terms of Use
These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), are a legally binding contract between you and CUTESVG (the “Company”, “CUTESVG”, “we” or “us”). They govern your access to and use of cutesvg.com, including any content, functionality and services offered on or through cutesvg.com (the “Website”), whether as a guest, customer, seller, or other registered user (“User” or “you”). By using this site or by clicking to accept or agree to these Terms of Use, you accept and agree to be bound by these Terms of Use and our Privacy Statement, incorporated herein by reference.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
To access the Website and some of the resources you will need to create an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to and on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including without limitation through the use of any of the Interactive Services on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.
LEGAL:
All copyrights and trademarks of the character images used belong to their respective owners and are not being sold. These items are not licensed products and we do not claim ownership over the logos used in the designs.
Please note that you are only paying for our time that was spent to create the vector images.
To create and maintain your account with the Website, you must agree to and abide by the following rules:
You must be 18 years of age or older.
You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
If you’re registering as a business entity, you personally guarantee that you have the authority to agree to any terms on behalf of the business.
You are solely responsible for:
Your account and any activity on your account.
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including Sellers.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us , at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
General Commercial Use License
When you purchase our files, you are given an unlimited use personal and commercial license.
But You may Not resell our files in any digital format.
Disclaimer of Representations and Warranties
You understand that we cannot and do not guarantee, represent or warrant that any Item or any file available for downloading from this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for restoration of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BY NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENCORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR ITEMS ACCESSED THROUGH OR ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company (including any of the Company’s employees, successors and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any purchase or sale of any Items from the Website, and any other use of the Website’s content, services or products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
The Company retains sole discretion in handling its legal defense and strategy even with your indemnification, and you agree to cooperate with the Company so we can execute our strategy.
Copyright Infringement & DMCA Agent Contact Information
In consideration of the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is the policy of the Company to expeditiously assist you if you believe that any Item has violated your copyright.
The Company’s designated agent to receive notices of copyright infringement (a “Notice”) is Alexey, and may be contacted at info@cutesvg.com. You may also contact this agent if you wish to counter a Notice (a “Counter Notice”) submitted against you, or if you would like to withdraw a Notice you previously submitted to the Company.
To be effective, the Notice must include the following:
A physical or electronic signature of the owner whose exclusive right is allegedly infringed or of a person authorized to act on that person’s behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable the Company to locate the material on the Website;
Information reasonably sufficient to permit the Company to contact the copyright owner or his/her authorized agent;
A statement that the copyright owner or authorized agent has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement under penalty of perjury that the information in the notification is accurate, and, if submitted by the owner’s authorized agent, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Third Party Content
This Website includes content provided by third parties, including materials provided by any Seller. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We, or approved contributors to this Website, may update the content on this Website from time to time, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Any of the material offered in a Designer Shop may not be available at any given time, and we are under no obligation to ensure such material is available.
Refund Policy for Digital Downloads
Because you will receive a digital copy of an Item purchased, all Items are sold “as is” and we do not issue refunds once the order is accomplished and the product download link is sent.. You assume the responsibility for your purchase.
However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.
Therefore, we DO honor requests for the refund on the following reasons:
Product not-as-described: such issues should be reported within 3 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.
If you find our products are corrupt or are missing on download we can refund you the price you paid.
As part of our refund policy you must allow us sufficient time to remedy the problem. Most issues are resolved within 5 works days and if we cannot resolve any issue within 5 works days we will provide a full refund to your PayPal Account.
If you have changed your mind on a purchase we can refund the price you paid within 15 days if you have not downloaded any files to your computer.
Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software other than those which are specified as compatible in a description available on the sales page of each product. We don’t guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.
Requests for a refund are accepted at Contact Us within the period of 1 week after the order is placed. You should accompany this request with detailed and grounded reasons why you apply for a refund. Please make sure your request does not contradict our Terms of Use/Privacy Policy.
Refund Policy for Fisical Items (T-shirt etc..)
*** WE DO NOT ACCEPT RETURNS OR EXCHANGES *** Please read item descriptions and choose your color and size carefully before purchasing as no changes can be made after your order has been placed. We only accept returns or exchanges IF WE sent out the wrong color or size.
Links on the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the Singapore, without giving effect to any choice or conflict of law provision or rule. You and we agree that the appropriate, exclusive and convenient forum for any disputes related hereto shall be in any state or federal court located in the Singapore, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country or residence or any other relevant country. YOU AND WE HEREBY IRREVOCABLY WAIVE ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY SUCH COURTS AND TO VENUE IN SUCH COURTS, AND WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION TO ENFORCE OR INTERPRET THE PROVISIONS OF THESE TERMS OF USE.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Sever ability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
