1. Under this End User License Agreement (the “Agreement”), Album Cafe (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use Album Cafe’s Products. By using these products you are agreeing to these terms and conditions. Violation of these terms and conditions will result in punishment to the maximum extent of the law.
2. Album Cafe’s products include the templates, executable presets, and any related printed, electronic and online documentation and any other images, and videos that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of Album Cafe’s Products remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Products.
4. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Album Cafe’s Products for use by one or more third parties, outside of their domicile or studio.
-Sell these products with your own images to your photography clients in the form of a printed, physical product.
-You may provide images that have been edited with the Album Cafe’s Products as customized by you, to your client with the native files as long as the client does not have the ability to create new derivative works from those files. The files you provide to a photography customer must be flattened from the original PSD format.
- You may also use the templates in any print projects that are promoting your personal studio.
-Use the templates or anything designed by The Album Cafe in full or in part to sell to the general public on another website such as Etsy or your own domain, even if the files are flattened digital versions, or if you are offering the printing service yourself.
-Sell these templates or executable presets to anyone for any reason in full or partial form.
-Claim these products as your own.
-Post any Product(s) or portion thereof or derived works to news groups, mail lists or electronic bulletin.
-Use products in any way not covered within these terms. boards, file sharing sites, in a downloadable format.
5. This Agreement grants a site license to the Licensee. The templates and/or software may be loaded onto a maximum of 5 personal computers in your home or photography studio. Your assistants or employees are not allowed to copy these products for their personal use.
6. Fonts: To edit text in these products you may need to purchase and/or locate additional fonts. Due to copyright laws we are unable to include the fonts with the products, so fonts used inside the products may not be available on your computer. You can find out how to download these fonts to your computer in our Learn section.
7. The Album Cafe’s Products may not be modified, reverse-engineered, or decompiled in any manner through current or future available technologies.
8. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
9. The original purchase price paid by the Licensee will constitute the license fee.
1. Album Cafe’s Product(s) are provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Product. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Products.
2. File Format: All products are delivered as PSD files inside a ZIP archive. Please make sure you can open ZIP files and edit Photoshop PSD files before purchasing.
3: Printer Compatibility: The Album Cafe will not be responsible for poor printing due to negligence on the Licensee’s part (for not converting to the chosen printer’s print profiles, not adhering to the printers bleed or size requirements, not checking with the printer before ordering, or any other reason.) Compatibility with every printer is not guaranteed nor warranted.
4. Licensee should make a back-up disk of the Album Cafe’s products in order to re-install should there be loss due to computer failure.
5. The Vendor makes no warranty expressed or implied regarding the fitness of the Product(s) for a particular purpose or that the Album Cafe’s Product(s) will be suitable or appropriate for the specific requirements of the Licensee.
6. The Vendor does not warrant that use of the Album Cafe’s Products will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
7. Returns/Refunds: All sales are final.
1. The Vendor warrants and represents that it is the copyright holder of the Products. The Vendor warrants and represents that granting the license to use these Products is not in violation of any other agreement, copyright or applicable statute.
1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on installation of the Product(s) on the first computer.
1. E-mail support available by writing to email@example.com.
1. The term of this Agreement will begin on Acceptance and is in perpetuity.
1. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
1. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
1. The Parties to this Agreement submit to the jurisdiction of the courts of the State of Tennessee for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of Tennessee, the United States of America and International Intellectual Property Rights.
1. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
2. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
3. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement.
4. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.