Terms and Conditions

Terms of Use


Please review the following Terms of Use carefully. These Terms of Use govern your access and use of this website, and the products and services offered on this website. By accessing or using this website you agree to be bound by these Terms of Use and to any additional guidelines, restrictions or rules that may be posted in connection with specific sections, services or products on this website.  All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.  If you browse and use this website or make any purchase, you agree to comply with and be bound by these Terms of Use, which together with our privacy policy govern TLM Productions, LLC’s relationship with you.

The terms “TLM Productions, LLC”, “TLM Productions”, “us” or “we” refers to the owner and operator of the website at www.ashedesign.com (the “Website”).  The term “you” refers to the user or viewer of this Website.

 

  1.  Changes to Website and Terms of Use

TLM Productions reserves the right to make changes to this Website and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Website.  You agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to an e-mail address that you may have provided to us.  You may withdraw your consent to receive communications from us electronically by contacting us.

  1.  Use of Content and Materials on Website

All of the content on this Website, including, but not limited to, the templates, designs, fonts, images, layout, look, appearance, graphics and trademarks, are either owned by TLM Productions or by third parties who have licensed such content to us.  The templates available on this Website are for designing, manipulating, editing, publishing, printing, compositing, and annotating graphics, images and text (“templates”).  You are prohibited from (i) reproducing, publishing, modifying, altering or misappropriating the templates/photos on the Website, and any artistic component that comprises the templates, except to insert, manipulate, edit, publish, print or annotate your own graphics, images and text by using the templates, such use shall hereinafter be referred to as “Finished Products”; (ii) reproducing, publishing, modifying, altering or misappropriating the Website or any content or images on the website; (iii) creating or redistributing derivative works based on the Website, any content or images on the website, or the templates, except to make Finished Products; (iv) displaying, posting or listing the on any website; and (v) displaying, posting or listing Finished Products on the websites for eBay®, Amazon®, Etsy® or any other website that is not owned and operated by you.

You may sell, display, reproduce and distribute the Finished Products.  However, when selling, displaying, reproducing and distributing the Finished Products, they must be displayed with your own graphics, images, and/or text and on your own website.  Electronic proofs of Finished Products may be sent to your clients as flattened .jpg files as long as the low-resolution .jpg measures no more than 500 pixels at its longest length and contains the word “PROOF” on the image.  Full-sized .jpg files MAY NOT be redistributed.  If you display Finished Products on a website that you own and operate, you may do so only in low resolution .jpg images that measure no more than 500 pixels at the longest length.

TLM Productions reserves the right to make the logo designs available on this Website to other parties despite any use or registration by you of such logo designs in connection with your products and services. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your use of a logo design in connection with your products and services.  Other TLM Productions customers may use the design tools to create logos that have similar or identical combinations of these elements and TLM Productions does not guarantee that your logo will not have similarities to logos designed and used by other parties.  TLM Productions provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a logo design is legally available for your use and does not infringe the rights of another party.

None of the content on this Website may be used for any unlawful purpose or to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.  You agree that you will not use the Website, templates or any other products or services on the Website in any way that is offensive, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. TLM Productions may terminate its services to customers found to be using TLM Productions to engage in undesirable or unlawful activities.

  1.  Disclaimers and Limitations on Liability

THE WEBSITE, AND ITS CONTENT, TEMPLATES, PRODUCTS AND SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  TLM PRODUCTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTIES WITH RESPECT TO THE WEBSITE, TEMPLATES, OR OTHER PRODUCTS AND SERVICES ON THE WEBSITE, INCLUDING THAT THE TEMPLATES OR FINISHED PRODUCTS WILL BE ERROR FREE OR THAT THE TEMPLATES OR FINISHED PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS.  TLM PRODUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR CONTENT CONTAINED ON THE WEBSITE.

IN NO EVENT SHALL TLM PRODUCTIONS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY TLM PRODUCTIONS, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.

TLM PRODUCTIONS DOES NOT WARRANT THAT THE WEBSITE OR TEMPLATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS.  TLM PRODUCTIONS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOU OR ANY USER’S CONTENT OR COMPUTER.  TLM PRODUCTIONS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY COMPUTER OR ONLINE SERVICES DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY USER’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USING THE WEBSITE OR THE PRODUCTS OR SERVICES ON THE WEBSITE.  UNDER NO CIRCUMSTANCES SHALL TLM PRODUCTIONS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES ON THE WEBSITE.

IN ANY CASE, TLM PRODUCTIONS’S TOTAL, CUMULATIVE LIABILITY UNDER THE TERMS OF USE SHALL NOT EXCEED ANY FEES/PAYMENTS RECEIVED BY TLM PRODUCTIONS FROM YOU FOR USING THE WEBSITE OR PRODUCTS AND SERVICES ON THE WEBSITE.  THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.

PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU.  YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU ACKNOWLEDGE AND AGREE THAT TLM PRODUCTIONS WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THESE TERMS ARE REASONABLE.

  1.  Links to this Website and to Other Websites

From time to time, this Website may also include links to other websites. These links are provided for your convenience to offer further information. We have no responsibility or control with respect to the content or availability of the linked website(s), or the privacy practices on such websites.  The inclusion of these links does not necessarily imply a recommendation or endorse the views expressed within them.

You may not create a link to this website from another website or document without TLM Productions’s prior written consent.  Other websites may provide links to this Website with or without our authorization.  We do not endorse such websites, and are not and shall not be responsible or liable for any links from those sites to this Website, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith.  We shall have the right, at any time and in our sole discretion, to block links to this Website through technological or other means without prior notice.

    5.   Terms and Conditions of Sale

1.   Payment Terms.

Our shopping cart is set up to accept credit card and e-check payments via Paypal. Paypal is the largest online payment processor and allows you to pay with a credit/debit card, checking account, or funds in your Paypal account.  Please note that if payment is made with an e-check you will not receive your product(s) until the payment clears.

2.   Shipping Terms.

Once your payment is processed, we will send you a link for digital download. You should expect the links within 24 hours of your purchase.  If you do not receive your links within 24 hours check your spam folder for an email from us. If it’s still not there, send us an email to tonya.moken@tlmproductions.com and we’ll re-send them.

3.   Return Policies; Exchanges.

Due to the digital nature of our products, all sales are final. We do not accept any returns or offer any refunds. You acknowledge that all products on the Website are non-refundable and not returnable, under any circumstances.

4.  Replacement Policy.

Please back up the templates that you have downloaded from the links we send to you for archival purposes. If you fail to do so, we cannot guarantee that the exact volumes will be available in the future, as our design library evolves.

If you have purchased templates from this Website, we will resend the links for download for free ONLY if you are able to verify your purchase. You will need to provide us with your receipt via email (PayPal receipt, credit card receipt, etc). Otherwise, you will need to provide us with the following information: month and year of purchase, email address used for payment, first and last name of buyer and the transaction ID #. We will not search through our transactions to locate your purchases.

If you cannot provide your proof of purchase information listed above, we will not resend the links for download.

5.  Service and Support.

We DO NOT provide Photoshop technical support. It is assumed that if you are purchasing our products that you have a basic working knowledge of Photoshop.

    6.   Copyright Notice

Copyright © 2015 TLM Productions, LLC.  All rights reserved.

  1. Trademarks

TLM PRODUCTIONS and the TLM PRODUCTIONS logo are trademarks and service marks of TLM Productions, LLC.

  1. Jurisdiction and Disputes

Unauthorized use of this Website may give rise to a claim by TLM Productions against you for damages and/or be a criminal offense.  These Terms of Use are governed by the laws of the State of NJ, USA, without regard to its conflicts of laws provisions; the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Website and the products and services on the Website, and your breach of these Terms of Use.  You agree to submit to the jurisdiction of such courts.

  1. Indemnity

You agree to indemnify and hold TLM Productions, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, and the templates, products and services on this Website that is in violation of these Terms of Use and/or from any breach by you of these Terms of Use.

  1. Miscellaneous

These Terms of Use are accepted upon your use of the Website, and the templates, products and services on this Website.  The Terms of Use and Privacy Policy constitute the entire agreement of the parties with respect to your use of the Website, and the templates, products and services on this Website.  If any provision of the Terms of Use is held unenforceable, the remaining provisions will be enforced to the maximum extent possible.  No waiver by TLM Productions of any term in these Terms of Use constitutes a waiver of any other right, or right to enforce any subsequent breach of the Terms of Use.  In the event TLM Productions is forced to enforce its rights against you, in addition to any other remedies, you agree to pay TLM Productions’s reasonable costs, including attorneys’ fees and costs of suit.

Last revised May 2016