TERMS AND CONDITIONS
By purchasing any designs or services from Oh Hi Penguin! Design Studio, you are agreeing to the following Terms and Conditions of Use. All copyright, trademarks and all other intellectual property rights of the shop and its content are owned by or licensed to Oh Hi Penguin! Design Studio. Please browse our full Terms and Conditions below, but for the purposes of making a purchase ohhipenguin.com, it’s important to know our permitted and prohibited uses:
Product Permitted Uses:
Personal and promotional purposes, including:
- Invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license).
- Social media posts, covers, avatars and profile images.
- Decorative background on a personal computer or mobile device.
- Online or electronic publications, including web pages, blogs, ebooks and videos.
- Prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes, but not for resale, license or other distribution.
- Any other uses approved in writing by Oh Hi Penguin! Design Studio.
Product Prohibited Uses:
You cannot use this product for commercial use. You cannot redistribute, resell, share, gift or transfer the product in whole or in part to another person or entity without prior written permission from Oh Hi Penguin! Design Studio.
- The content cannot be downloaded, copied, reproduced, transmitted, stored, sold or distributed in whole or in part without prior written consent by Oh Hi Penguin! Design Studio.
PLEASE NOTE: Templates will be resold. If you’re interested in retiring a design please contact Chrissie at ohhipenguin (at) gmail.com for more information.
The terms “we,” “us,” and “our” refer to Oh Hi Penguin! Design Studio. The term the “Site” refers to ohhipenguin.com. The terms “user,” “customer,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “Shop” refers to all products sold in the shop section of the website (http://www.ohhipenguin.com/shop). Oh Hi Penguin! Design Studio provides a blog where users can read articles related to Moms Group’s and Parenting. In addition, Oh Hi Penguin! Design Studio sells digital goods (the “Products”) related to marketing and promotion for organizations and business owners. All of the aforementioned should herein be referred to as the “Service.” Use of www.ohhipenguin.com, including all materials presented herein and all online services provided by Oh Hi Penguin! Design Studio is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
COPYRIGHT & LICENSURE
- Permission is granted to temporarily download one copy of the purchased materials on the Oh Hi Penguin! Design Studio website for personal, non-commercial use only. This is the grant of a limited license, not the transference of copyright, a title, or any intellectual property, and under this license you may not:
- Resell, redistribute, gift, share, or transfer the materials or products to another person or entity;
- Remove any copyright mark or other proprietary notations from the products;
- Use the item for Commercial Use*;
- Claim, suggest, or otherwise imply that any images, templates, or intellectual property that you purchased or downloaded from Oh Hi Penguin! Design Studio is your own creation, whether it is in an altered state or not;
- The above section is only applicable to purchases made in the Shop section of the Site (ohhipenguin.com/shop).
III. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Oh Hi Penguin! Design Studio at any time. Upon terminating your ability to use these materials or upon the termination of this license, you must destroy any downloaded materials immediately.
* Commercial Use, in this case, is defined as such: Reselling, redistributing, gifting, sharing, or transferring the Product (i.e. a design template) to another person or entity in any manner for monetary gain or non-financial gain. You are welcome to use the Product on a blog which profits from advertisement, sponsors, affiliate marketing, and other blogging-related monetary compensation, so long as you are not reselling, redistributing, gifting, sharing, or transferring the Product.
The Site and Service contain intellectual property owned by Oh Hi Penguin! Design Studio, including trademarks, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service, Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
REFUSAL OF SERVICE
The Services and Shop products that are offered are subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Oh Hi Penguin! Design Studio. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to marketing and parenting and other information are subject to change. Oh Hi Penguin! Design Studio makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Oh Hi Penguin! Design Studio disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
CANCELLATIONS, REFUNDS, & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final. Due to the nature of our products (intangible digital goods), no returns, exchanges, or refunds will be provided any under circumstance unless Oh Hi Penguin! Design Studio chooses to do so. Oh Hi Penguin! Design Studio does not accept order cancellations once payment has been received and accepted.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavor to describe and display the Service and Shop Products as accurately as possible. While we try to be as clear as possible in explaining the Service and Shop Products, please do not expect that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Oh Hi Penguin! Design Studio pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Oh Hi Penguin! Design Studio shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Oh Hi Penguin! Design Studio.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania as applied to contracts that are executed and performed entirely in Pennsylvania. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be York County, Pennsylvania. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, SERVICE, OR ANY PRODUCT PURCHASED THROUGH OUR SHOP. ADDITIONALLY, OH HI PENGUIN! DESIGN STUDIO IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF OH HI PENGUIN! DESIGN STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OH HI PENGUIN! DESIGN STUDIO’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM OH HI PENGUIN! DESIGN STUDIO AND IF NO PURCHASE HAS BEEN MADE BY YOU OH HI PENGUIN! DESIGN STUDIO’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If you have questions regarding our Terms and Conditions, please Contact Us.
Terms and Conditions effective June 2016.