Terms of Use - Template Boom

These terms of use (“Terms”) govern the access, browsing and use by the users (“User” or “Users”, as applicable) of templateboom.com, including any of its subdomains and/or sections (“Website”); as well as the services rendered through the Website (“Service” or “Services”, as applicable) which include the download and use of certain content.Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms, the User must not use the Website.

The Company may modify the Terms at any time and thus we recommend that the Terms are reviewed on a regular basis by the User. The date on the bottom of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.

Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by the Company or by third parties. Such specific conditions shall apply in addition to the Terms and, in case of conflict, shall supersede the Terms. Accordingly, the User must read and accept such specific conditions before the provision of the relevant Service.

Likewise, in respect of collection and processing of personal data, the Privacy Policy will apply.

SERVICES OFFERED

Through the Website, the User can search visual content, like Adibe Illustrator, Adobe Photoshop and Adobe After Effects files (including the corresponding audio) in any format, as well as specific information related to such content.

The Services may offer, in the result of that search, contents owned by the Template Boom. This content shall be hereinafter referred to collectively as the “Template Boom Content” and can be downloaded through the Website.

AUTHORIZED USE

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by Template Boom and the obligation for the User to indemnify Template Boom for all damages suffered as a result of the User’s breach of this undertaking.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website.

The User will not interfere with the functioning of the Website or in the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by Template Boom. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in any way which is contrary to the ordinary use of the Website or which infringes Template Boom interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by Template Boom or which is not the ordinary method of accessing the Website is also strictly prohibited.

The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from Template Boom.

When providing the Services, the Website can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.

AUTHORIZED USE

When providing the Services, the Website can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.

REGISTRATION

In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.

The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should Template Boom have reasons to suspect it, Template Boom reserves the right to suspend or cancel the User’s account.

The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.

The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform Template Boom.

Template Boom may suspend or cancel the User’s account if it considers that the User has breached these Terms.

CONTENT

The Services allow Users to:
• Search for content that may result in Template Boom Content
• Purchase and download Template Boom Content.

If you have any question regarding any content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting Template Boom as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.

LIABILITY

The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, Template Boom does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to Template Boom resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify Template Boom and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.

Template Boom does not warrant the availability or continuity of the Website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

As way of example and without limitation, Template Boom shall not be liable for any damages that may result from:
• Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not Template Boom responsibility.
• Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
• Third-party actions.
• Unavailability of the Website and the Services due to maintenance or software updates.
• Any other event beyond Template Boom direct control.

SAVE FOR TEMPLATE BOOM WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE AND THE SERVICES IS AT SOLE RISK OF THE USER AND TEMPLATE BOOM SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND/OR THE SERVICES.

The insertion of links in the Services does not imply any relationship, recommendation or supervision by Template Boom of the linked website and, accordingly, Template Boom does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by the applicable law.

Template Boom will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, TEMPLATE BOOM NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, Template Boom shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.

INTELLECTUAL PROPERTY

All intellectual property rights over the Website, the Services, and/or the Template Boom Content, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to Template Boom.

Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the Template Boom Content or any of its parts, is strictly forbidden.

If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to Template Boom as set forth in these Terms.

LICENSE AGREEMENT

Template Boom authorizes the User to download and use Template Boom Content under the terms of this Section. Template Boom and its licensors reserve all rights over Template Boom Content not expressly granted in this license to the User unless the User purchases an extended license.

Templae Boom authorizes the User in a non-transferable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify Template Boom Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

The User may use the content in Template Boom Content provided that it:
• Does not involve collective use.
• The content in Template Boom Content is not used in a manner that suggests an association or endorsement by Template Boom or the Website.
• The content in Template Boom Content or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Website.
• Does not resell, assign, transfer or sublicense the content in Template Boom Content or any derived work from a content in Template Boom Content.
• Does not use the content in Template Boom Content (totally or partially) in any trademark, logo or part of the same, which may be used by any other means to guarantee or to imply a guaranty of any product and/or service, unless the content in Template Boom Content used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original content in Template Boom Content or implies a use of the content in Template Boom Content as a template or test, and not as a final item or material.
• Does not make any use of the content in Template Boom Content which might be considered defamatory, libellous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the content in Template Boom Content in a negative light or depicts them in a way that they may find offensive such as the use in pornography, advertisements for escort or similar services, political endorsements, birth control products, and.
• Does not make any use of the content in Template Boom Content to slander, libel or to vilify a person, race, sex, culture, religion, country, region, town, village or any other place.

When any content of Template Boom Content is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear on the background, the User shall only be entitled to use it for such editorial use. In such cases, the User undertakes not to use that content in any manner that entails advertising, marketing or commercialization of any product or service. The User shall be directly liable and Template Boom shall not assume any liability as a result of the use for commercial purposes by the User of any content belonging to Template Boom Content, which according to this paragraph should be for editorial use only.

The User’s rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in Template Boom Content and will destroy every copy, whether total or partial, thereof.

CONDITIONS FOR THE SUBSCRIPTION OR MEMBERSHIP

The terms in this Section govern any purchase of any Subscription or Membership in the Website. When concluding the purchase procedure for any Subscription or Membership, it shall be deemed that the User has read and accepted, without exception, the Subscription or Membership Terms. For the avoidance of doubt, the Subscription or Membership Terms are additional to the Terms which will continue to apply to Users who have acquired a Subscription or Membership unless it is expressly provided otherwise in relation to specific provisions in the Subscription or Membership Terms.

These Subscription or Membership Terms are available to the User before the purchase of the Subscription or Membership and may be stored or reproduced on a durable medium.

CHANGES AND CLOSURE OF THE WEBSITE

Template Boom may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, Template Boom will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions or Membership in force at that time with the proportional part of the price not accrued before the termination.

GENERAL AND CONTACT INFORMATION

The use of the Website and the Services and the interpretation and application of these Terms shall be governed by United Kingdom Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of United Kingdom, and the parties expressly waive any other applicable jurisdiction.

If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms shall not be affected in any way.

You may contact the Company for any query or claim via contact form.

Last update: 19 march 2019.