Terms of service

TERMS OF SERVICE & DIGITAL LICENSE AGREEMENT

 

1. Acceptance of Terms

 

By completing a purchase from COCO DIGITAL SERVICES (referred to as "We," "Us," or "Our") or by downloading any digital assets, you (the "Customer" or "Licensee") agree to be bound by these Terms of Service, which include the Digital License Agreement below.

 

2. Product Description and Delivery

 

  • Nature of Product: All products sold are digital, non-tangible assets (Seamless Patterns, Digital Paper, Clip Art, etc.). No physical item will be shipped.
  • Format: Files are delivered instantly as zipped (.zip) folders  or via a link containing high-resolution [State your file type, e.g., PNG] files at 300 DPI. 
  • Delivery: Download links are provided immediately on the order confirmation screen and sent via email. Access is subject to the download limitations outlined in the Digital License.

 

3. Intellectual Property Ownership 

 

  • Ownership Retention: You are purchasing a license to use the files, not the ownership of the files themselves. All copyright and intellectual property rights, including the original designs, patterns, colours, and graphics, remain the sole and exclusive property of Coco Digital Services.
  • Non-Exclusive License: The license granted is non-exclusive, meaning we retain the right to sell the same assets to other customers.

 

4. The Digital License Agreement 

 

The purchase grants you a non-exclusive, non-transferable license to use the patterns for Small Commercial Use under the following terms:

 

A. Permitted Use

 

The Licensee may use the patterns to create physical End Products for sale, including but not limited to:

  1. Physical Goods: Fabric, apparel, stationery, mugs, phone cases, home décor, etc.
  2. Printed Paper Goods: Invitations, greeting cards, physical scrapbooking paper.
  3. Quantity Limit: The Commercial License permits up to 500 units of physical End Products for sale. (If they need more, they must purchase an Extended License).

 

B. Prohibited Use 

 

The Licensee is strictly prohibited from:

  1. Resale of Digital Files: You may NOT sell, redistribute, share, sublicense, or give away the original PNG or ZIP files in any way.
  2. Use as a Digital Resource: You may NOT use the patterns to create competing digital products, such as digital paper packs, digital design assets, or clip art for resale.
  3. Redistribution: Uploading the patterns to any shared drive, website, or marketplace for free distribution is prohibited.
  4. Modification for Resale: You may NOT take the original pattern, change the color, scale it, and then sell the resulting modified pattern file as your own digital asset.
  5. Claiming Authorship: You may NOT claim the artwork as your own creation.

 

5. Refunds and Download Limits

 

  • Refund Policy: Refer to our separate Refund Policy [Insert Link Here]. As digital products are non-returnable, refunds are only granted for confirmed technical errors or duplicate purchases.
  • Download Limits: Access to the files is limited to 2 downloads per order, and the link will expire after the limit. The Licensee is responsible for backing up the files after a successful download.

 

6. Limitation of Liability and Warranties

 

  • "As-Is" Basis: All products are sold on an "as-is" basis. We make no warranty, expressed or implied, as to the suitability of the files for any particular purpose.
  • No Liability: We are not liable for any consequential, incidental, or indirect damages arising from the use or inability to use the patterns, including any loss of profits or business interruption.
  • Software Responsibility: The Customer is responsible for ensuring they have the necessary software (e.g., a ZIP file extractor and image editing software) to open and use the files.

 

7. Governing Law and Disputes

 

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.