ACCEPTANCE OF TERMS THROUGH USE
TO AGREE TO THESE TERMS, CLICK or SELECT “AGREE” IN YOUR ACCOUNT AND/OR SUBSCRPTION SET UP PROCESS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU ACKNOWLEDGE THAT BY USING THE SERVICE, YOU AGREE TO ABIDE BY THESE TERMS AND ARE THEREFORE BOUND BY THEM.
Terms & Conditions Trendsite Ltd
1.1 What these terms cover. These are the terms and conditions under which we licence digital content to you. You agree to be bound by these terms and conditions.
1.2 Why you should read them. Please read these terms carefully before submitting your order to us. These terms explain who we are, tell you how we will license digital content to you, explain how you and we may amend or end the contract, tell you what to do if there is a problem and share other important information with you. If you believe there is a mistake in these terms, please contact us to discuss the matter.
This Terms and Conditions document (the Agreement) is a legal contract between the client organisation or individual (the Client) specified in a Trendsite order form (Order Form), and Trendsite Ltd, a company incorporated in England and Wales, registration number 12937544.
You hereby represent and warrant that: (1) you have read the Agreement, understand the terms contained therein and you hereby agree to engage with the Company under its terms; (2) you are not legally prohibited from entering into the Agreement; (3) you are authorised to enter into and accept the Agreement for yourself or for the entity specified in your subscription to our services. If you do not agree to these Terms, or do not have full power and authority to enter into this Agreement, do not use the Site or Services. If you are entering into this Agreement on behalf of an educational institution, then your Authorised Users are strictly limited to students, faculty and staff; no alumni may be granted access.
2. OPENING AN ACCOUNT 2.1. Your account In order to use the Company’s services and receive a licence for using the Assets as specified in these Terms and in the Licence, you need to (i) open an account on the Site, (ii) provide us with your full, accurate details, and (iii) pay any applicable fees, except when accessing our free, publicly available content or when using a promotional password. You are forbidden from providing us with a non-existent email address or an email address which does not belong to you, impersonating another person or entity, or misleading us in any other way regarding your identity or your payment information.
You are required to protect the confidentiality and safety of the account details (username and password), and you bear full and exclusive liability for all activity on your account. You must inform us immediately of any unauthorized use of your account.
If you purchase a subscription for multiple users, you are required to provide us with full details of all the users covered by this subscription.
Accounts are intended for use by individuals and each individual must register for their own account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs on your account. You agree to notify Trendsite Ltd immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Trendsite Ltd or any other user of or visitor to the Site due to someone else using your user ID, password or account.
You may not use anyone else’s user ID, password or account at any time.
Your account can be suspended or access to the Site blocked by Trendsite Ltd at any time, at its sole discretion and without prior notice for reasons including, but not limited to, failure to pay for services, violation of these Terms, compliance with law enforcement requests, copyright infringement, or issues pertaining to violation of third-party distribution terms and conditions.
2.2. Service features and content availability
Certain areas of the Sites will only be available to you if you are a paid-up subscriber to that area of the Site(s) or will only be available for a limited period of time. Any time limit applying to your access and use of any of the Sites will be set out in the Order Form.
Trendsite Ltd reserves the right to change content options (including eligibility for particular features) without notice.
3. SANCTIONED COUNTRIES
The Company is committed to complying with the sanctions, laws and regulations of the United Kingdom, United States, the EU and Israel. Accordingly, we will not trade with or provide any services to sanctioned countries or individuals/entities named on a sanctions list.
5. TERM, RENEWAL & TERMINATION
Upon termination of the Agreement for any reason whatsoever, the rights granted to you under these Terms or the Licence will automatically expire, and you hereby undertake to immediately cease accessing, downloading and using any Assets, except as allowed under the Licence.
Trendsite Ltd reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Trendsite Ltd will not be liable to you or to any third party should it exercise such rights.
TRENDSITE LTD DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE, PRODUCTS AND CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED IS SUBJECT TO CHANGE WITHOUT NOTICE. TRENDSITE LTD CANNOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TRENDSITE LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE, CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TRENDSITE LTD FOR DISSATISFACTION WITH THE SITE, OR ANY CONTENT, IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE CONTRACT BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other course of action.
Trendsite reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND CONTENT DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY TRENDSITE LTD) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
TRENDSITE LTD SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TRENDSITE LTD HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
TRENDSITE LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TRENDSITE LTD DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR PROVIDING PROOF OF PURCHASE VIA RECEIPT FOR ANY PRODUCTS PURCHASED OR RENTED VIA SUBSCRIPTIONS FROM TRENDSITE LTD.
6. REFUND POLICY
You will only be entitled to receive a refund for any fees paid to us if you cancel your subscription within 30 calendar days prior to the date of your contact expiration and provided you did not download any Assets during such Refund Period. You hereby understand and agree that you will not be entitled to any refunds if: (i) you do not ask the Company for a refund during the Refund Period; or (ii) you download any Asset from the Site during the Refund Period.
For the avoidance of doubt, if you are a not a subscriber and either ordered online trend session or a trial package, you will not be entitled to any refund.
7. INTELLECTUAL PROPERTY RIGHTS
All the information, the Assets and content included in the Site and the services offered by the Company, inclusive without limitation of any text, illustrations, graphics, sound recording, photos, the Company’s name, trademarks and logos, including without limitation those used on the Site, are protected by copyright and the intellectual property rights of the Company or of its experts (“Proprietary Content”).
You are forbidden from using the Company’s name, trademarks and logos, including without limitation those used on the Site.
You hereby acknowledge and confirm that you do not and will not have any ownership and/or intellectual property rights to the Proprietary Content/or the Assets and/or the contents of the Site and/or the Site’s trademarks and its design, and that your right is restricted to the limited rights granted to you in these Terms and in the Licence.
The Agreement authorises you to use the Site and the Assets strictly in accordance with the provisions of the Agreement and is conditional upon you undertaking not to violate or be involved in any activities that violate any terms of the Agreement, and specifically in activities which cause the violation of intellectual property rights and/or deviation from the provisions of the Licence.
You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Use for any reason—or to attempt or assist another person to do so. Use may be controlled and monitored by Trendsite Ltd for compliance purposes, and Trendsite Ltd reserves the right to enforce the Use without notice to you. You shall not allow another person access or Use of your Account for any purpose. Violations of system or network security may result in civil or criminal liability including a penalty of £150,000 for any content published except files from the Design library.
With respect to the Content located on the Site in the “Design files Library” (but excluding any Content which is clearly copyrighted to a third party), Trendsite Ltd hereby grants you a non-transferable, non-exclusive, limited licence to do the following, solely for your information, product design, development, inspiration, research and manufacturing purposes: view, download and print such Content and create derivative works of pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within the Content and for use in your derivative work on or in your products; provided, however, that in the case of subscribing educational institutions and their Authorised Users, your use is limited to non-commercial, educational use only. Please note that Trendsite Ltd disclaims all warranties in relation to such Content including any warranties of title, merchantability, or fitness for a particular purpose, and such permitted use in accordance with this paragraph is solely at the Client’s own risk.
7.2. Objectionable material and content
You understand that by using the Service, you may encounter material that you may deem to be indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and Trendsite Ltd shall have no liability to you for material that may be found to be indecent or objectionable. Product and Content descriptions are provided for convenience, and you agree that Trendsite Ltd does not guarantee their accuracy.
7.3. Intellectual property
You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts used to implement the Service, contain proprietary information and material that is owned by Trendsite Ltd and/or its experts, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms, such as files from the Design Library. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Trendsite Ltd and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice.
All copyrights in and to the Service and related software are owned by Trendsite Ltd and/or its experts, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
As an Account holder of the Service in good standing, you may be provided with limited access to download certain content or bonus material, including all files from the Design File Library. Such access is provided as an accommodation only, and Trendsite Ltd does not warrant, and will not have any liability or responsibility for, such content or your use thereof. Access to this content is provided for personal, non-commercial use only. You agree that you will not use this content in any manner that would infringe or violate this Agreement or the rights of any other party, and that Trendsite Ltd is not in any way responsible for any such use by you. You agree to refrain from Use of any unauthorised Materials, Content or software you may have downloaded or have access to and to delete it from all devices.
You agree not to rent, lease, loan, sell, allow, or otherwise provide access to the Services to anyone other than Client and Authorised Users.
7. Copyright Infringement Notification Policy
We take copyright protection very seriously. If you believe that any Assets infringe your intellectual property or other rights, please see our Copyright Infringement Notification Policy
If we are notified that any Assets infringe third party copyright or other rights, we may at our sole discretion remove such Assets from the Site or take other steps that we deem necessary, without any prior notification.
8. COMPANY’S RIGHTS IN CASE OF VIOLATION ON YOUR BEHALF
You hereby acknowledge that any unauthorised use by you and/or by anyone on your behalf of any of the Assets or the Site or in a manner deviating from the conditions of the Agreement, constitute a breach of the Agreement as well as a violation of copyright laws, and the Company and anyone on its behalf has the right to exercise all rights and remedies available to it by law in such a case. To the extent that the violation is perpetrated by a third-party using Assets that were downloaded by you or using your subscription (for example: your employees, contractors, clients), then you are responsible for such a violation, and you are required to take all possible action to cease the violation immediately.
The Company will be entitled, among other remedies, at its exclusive discretion and without any prior notice, to block your access to the Site and/or its services, temporarily or permanently, if you violate any applicable law and/or any terms of the Agreement, or cause an interruption of the Company’s or its Site’s regular activity, and you will have no claim or demand in this regard.
The Company reserves the right to disclose your personal information or information about your use of the Site inclusive of the content used therefrom without obtaining your permission, if such disclosure is necessary in order to: (1) obey legal requirements or comply with orders issued in a legal proceeding or by a competent authority by any law; (2) enforce the Agreement; or (3) protect the Company’s or anyone else’s rights in the event of a breach of the Agreement by you or anyone on your behalf.
9. EXEMPTION FROM LIABLITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE SITE AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW; (II) THE COMPANY DOES NOT WARRANT THAT THE SITE OR ITS SERVICES WILL BE UNINTERRUPTED OR IMMUNE TO DAMAGE, MALFUNCTIONS, DEFECTS OR FAILURES IN THE HARDWARE, SOFTWARE, COMMUNICATION SYSTEMS AND LINES, AT THE SITE OR AT ANY OF ITS SUPPLIERS; (III) THE COMPANY WILL BEAR NO LIABILITY IN CASE ANY OF THE ASSETS IS NOT AVAILABLE ON THE SITE, FOR ANY REASON WHATSOEVER, DURING THE TERM OF THE AGREEMENT; (IV) THE COMPANY WILL BEAR NO LIABILITY IN ANY MANNER FOR THE USE OF ANY OTHER ADDITIONAL CONTENT WHICH YOU MAY INTEGRATE IN THE PROJECTS AND YOU WILL SOLELY BEAR FULL AND EXCLUSIVE LIABILITY FOR USING THEM; (V) THE COMPANY RESERVES ITS RIGHT TO REMOVE AND/OR ADD ASSETS TO THE SITE AT ANY TIME AT ITS EXCLUSIVE DISCRETION AND YOU WILL BEAR NO CLAIMS OR ARGUMENTS IN THIS REGARD; (VI) THE COMPANY WILL BEAR NO LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGE, PECUNIARY OR ANOTHER, WHICH YOU MIGHT INCUR CONSEQUENT UPON: (1) CHANGES THE COMPANY MAY MAKE TO THE SITE AND ITS SERVICES, ALL OR ANY OF THEM; (2) CEASING, TEMPORARILY OR PERMANENTLY, THE PROVISION OF ITS SERVICES, ALL OR ANY OF THEM; (3) CHANGING, ADDING OR REMOVING ANY OF THE SERVICES’ CHARACTERS OR PROPERTIES, ALL OR ANY OF THEM; (4) CHANGING, ADDING OR REMOVING ANY CONTENTS, RECORDINGS OR ASSETS FROM THE SITE, ALL OR ANY OF THEM; (VII) THE COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS, WILL BEAR NO LIABILITY FOR ANY KIND OF DAMAGE IN CONNECTION WITH ANY CLAIM, LOSS OR DAMAGE ARISING UNDER OR OUT OF THIS AGREEMENT.
You hereby undertake to indemnify the Company, its subsidiaries, affiliates, licensors, employees, officers, directors, service providers and artists and anyone on their behalf for any argument, claim, damage, loss, loss of profit, payment or expense (inclusive of lawyer’s fees and legal expenses) that might arise due to your use of the Company’s Site and services, your breach of the provisions of the Agreement or any use you make of the Company’s services in violation of any applicable laws or third-party rights.
11. THIRD PARTY SERVICES
12. AMENDMENTS TO THESE TERMS
The Company is entitled to assign and/or transfer and/or deliver its rights and/or its undertakings according to the Agreement, in whole or in part, to third parties as it may see fit and at its exclusive discretion. Any such Company’s transferee will, in turn, be entitled to transfer any such rights/undertakings to other parties as it may see fit without having to obtain your consent.
Trendsite Ltd reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
16.1. Payments, taxes, and refund policy
The company accepts these forms of payment: credit cards issued by American Express, Visa, Mastercard and Discover. When making purchases, your credit card is charged for the entire balance of the purchase.
You agree to pay to Trendsite Ltd, in advance, the non-refundable fee for access to the Services as specified in the Order Form (the Fee). All invoices in respect of the Fee are due and payable by you upon receipt of the relevant invoice unless otherwise stated on the Order Form. You acknowledge that access to the Services may not be granted until payment of any Fee is received by Trendsite.
Unless otherwise stated, you are responsible for any taxes that you are obliged to pay or that Trendsite Ltd may collect from you in connection with your purchase of the Services. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event that they are later determined to be payable on the Services, and Trendsite Ltd reserves the right to collect the taxes or other related fees from you at any time.
For subscription services, you acknowledge and agree that Trendsite Ltd shall with effect from each anniversary from the start of your subscription be entitled to increase the Fee by an amount equal to the higher of: i) the annual Retail Prices Index, or ii) 3%, without prior notification to you.
You agree that you will pay for all subscription products (“Product” or “Products”) you purchase through the Service, and that Trendsite Ltd may charge your credit card account for any Products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TRENDSITE LTD WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process.
The price shown at the time of subscription purchase will be the price of the Products only. Any applicable sales tax will be added to the price of the Product; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the Products.
All sales and subscriptions or rentals of products are final.
Prices for Products offered via the Service may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Trendsite Ltd.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
You bear responsibility for the payment of all taxes and expenses applying to you in connection with the Agreement and/or your use of the Assets, to the extent that such may apply. In the event that the Company is required to pay any such taxes and expenses on your behalf, we will be entitled to charge you for any such amounts without notifying you.
The Agreement constitutes the entire agreement between you and the Company with respect to your access and use of the Site, the Assets and the Company’s services and any prior or future agreement and/or undertaking and/or declaration not specifically included in the Agreement will not be valid. You hereby waive in advance any claim according to which the Agreement was changed and/or amended and/or cancelled by conduct or by any correspondence between you and Company or anyone acting on its behalf.
If any provision of the Agreement is decided by a court to be invalid, illegal or unenforceable, it will not detract from the validity of the other provisions of the Agreement.
17. Governing Laws & Jurisdiction
The laws of the State of Israel will exclusively apply to the Agreement, without giving effect to any rules or principles of conflict-of-law, and the jurisdiction to hear any issue resulting from or regarding the Agreement, directly or indirectly, will be given exclusively and uniquely to the Tel Aviv-Yaffo courts and no other court anywhere else.
14. Copyright compliance
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Site infringes your copyright, you may submit a notification by providing Trendsite Ltd with the following information in writing to email@example.com:
(a) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works at the Sites;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Trendsite Ltd to locate the material;
(d) Information reasonably sufficient to permit Trendsite Ltd to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party believes in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of these requirements, your notice may not be valid.