This is an agreement ("Agreement") between you (“you”) and CMS Elite (“AGI”). By accessing and using this website (also referred to as the “Site"), as well as the information, products and services offered on the Site, you agree to be bound by this Agreement.
In this Agreement, "AGI”, "we" or "our" will refer collectively to CMS Elite, a California corporation.
By using this website, you represent that you are over the age of 18 and have the right to enter into this Agreement. If you are using the Site on behalf of any third party (such as your employer or company), then you also represent and warrant that you have a legal right to enter into this Agreement on behalf of such third party.
1. Ownership of the Site. This website is owned and operated by AGI. The content and each element of this website are owned by AGI or the suppliers of such content and are protected by all applicable copyright, trademark, and other intellectual property laws of the United States of America, as well as international laws relating to intellectual property.
2. Trademarks. You may not copy, use or imitate, in whole or in part, without our prior written permission, the look and feel of this website, including every element of design. You may not use trademarks, logos, product names, company names, and/or service marks (collectively, “Trademarks”) displayed on our website without the prior written consent of AGI or the third party that owns the applicable Trademark.
3. Our Services. Our website is the online facility that permits Members to buy different products, including, without limitation, web templates, stock music, themes of Content Management System, audio effects and other metadata and creative digital computer files (collectively referred to as “Products”). Ownership of the offered Products remains with the seller unless otherwise expressly stated. To buy any of the Products offered for sale on our website means to acquire a license to use that Product, as specified in the Membership Contract. You do not have to pay a fee to become a Member.
4. Use of this Website. Using the Site, you shall comply with all applicable laws and regulations of the United States of America or the country of your residence, including, without limitation, laws relating to the Internet, privacy, intellectual property, and e-mail. Unless you are a registered Member, you may only browse the Site; you cannot use the website or any of its content in any other way.
5. Claims of Violation of Intellectual Property Rights. If you believe any of your intellectual property rights are being violated by the Product offered on our website, please let us know by providing the following information:
(a) Your name, address, phone number, and email;
(b) A description and location of the Product that allegedly infringed your intellectual property rights;
(c) Whether you are the owner of the intellectual property right or you are authorized to act on behalf of such owner;
(d) A certification by you that you warrant accuracy of the information you provided to us.
Upon receipt of your Copyright Claim, we will take down the Product subject to your claim, unless Seller proves that he has superior rights to the disputed Products.
7. Links to our Website. If you include a link to our website from any other site, such link must lead to the full version of our webpage. You are prohibited from linking directly to any image hosted on our website or to any of our services. You are further prohibited from including links to our website from any other site in any way that our webpage would be “framed”, surrounded or in any other way hidden by any third party content or materials. We reserve the right, upon written notice to you, at any time and without any reason, to prohibit you from linking to our website. We disclaim any and all liability for links to our website from any other site.
8. Third Party Sites. You acknowledge and agree that we have no responsibility for the content, products, advertising, materials, codes, or services on any third party sites to which you may link through our website or which link to our website. The inclusion of a link on our website does not constitute or indicate any relationship between AGI and the owner or operator of the third party site. Unless otherwise expressly stated in our link, we do not endorse or sponsor any sites to which you may link through our website. We disclaim any and all liability for links from our website to any other site.
9. Indemnification. You are solely responsible for, and agree to hold harmless and indemnify AGI and its agents, affiliates, directors, officers, and employees against any and all claims, debts, liabilities, costs and expenses (including attorney fees) arising from:
(a) your breach of this Agreement;
(b) your use of our website or its content; or
(c) your violation of any rights of another person or entity.
(a) All content and services on our website are provided “As Is”; we disclaim to the fullest extent allowed under the applicable law, any and all express and implied warranties.
(b) We do not have any control over the Products. I think we have to add something like “except over our own Products”. We do not warrant that the Products do not infringe on the intellectual property rights of any other party. We do not take any responsibility for the legality, quality, or safety of any of the Products. Each seller is solely responsible for any and all warranties of the seller’s products, including the warranty that the product does not infringe the intellectual property rights of any other party.
(c) We make no warranty that our website or its content is free from any viruses or anything else that has destructive or contaminating abilities. You are solely responsible for taking all precautions to protect you against any damage or loss that may arise from your use of this website, its content, or any Product offered through this website.
(d) We do not warrant that your access to our website or any of its content will be uninterrupted or free from errors, or that we would correct any defects on the website and/or our servers.
(e) Under no circumstances AGI, its directors, officers, employees, affiliates or agents can be liable for any direct, indirect, incidental, special, or consequential damages or loss of profits that may result from any use, access, or inability to use or to access, our website, our services, or the Products.
11. Limitations of Liability.
(a) In no event shall the aggregate liability of AGI, arising out of, or relating to, the use of this website, exceed any compensation you paid, if any, to us for access or use of the website, or for purchasing of any services, products, or other content.
(b) Any liability of AGI for breach of any implied warranty that cannot be excluded under applicable law is limited to the following, at the discretion of AGI:
b.i. For services we provided or offered – we will either supply the services again or we will pay for the reasonable costs of having similar services supplied again;
b.ii. For products we provided or offered – we will either replace the products, supply the equivalent products, or pay for the reasonable costs of replacing the products or acquiring the equivalent products.
12. Modification of this Agreement. We reserve the right to modify the terms of this Agreement at any time. After the modifications are posted on our website, your access and use of our Site will be considered your acceptance of those changes.
13. Notices. Any notice in relation to this Agreement shall be given in writing. All notices shall be given in English language. In addition, the following applies to notices:
(a) All notices to AGI will be deemed given when delivered personally, sent by overnight courier with proof of delivery, or mailed by U.S. certified mail with return receipt requested. A notice to AGI shall be deemed to have been given upon its receipt by AGI. The current address for giving notice to us will always be posted on our website.
(b) All notices to you will be deemed given when emailed to you at the email address that you have provided, when posted on your sign-in page (if you have an account with us), or when posted on our website. A notice shall be deemed to have been given immediately upon sending or posting that notice.
14. Applicable Laws. Venue. This Agreement shall be subject to and interpreted under the laws of the State of California. Any claims arising out of, or in connection with, this Agreement shall be litigated only in the courts of Los Angeles County, State of California, USA.