Terms

Home / Terms

1. About us

CuteRGB.com is an online shop that sells digital products for designers, photographers, business owners, as well as for all those who truly love and appreciate the unique works of art. At the present moment, our professional team consists of several people, but in the nearest future we are planning to team up with the best designers to create some more really great products.

The present Terms of Use have became effective since January 1, 2017.

This page (as well as all the documents related to it) defines the main rules and terms of use of CuteRGB.com (above the shop will be mentioning as “CuteRGB”, “Website”, “Service”, “Source”) being browsed on any device. Please, read all the terms attentively before using the Website. By using our site, you agree that you accept all of these rules and that you agree to follow them. If you don’t agree with these terms, please, stop using our Site.

2. General Terms

1. You can use CuteRGB, if you really can physically enter into a legal binding contract with the Service only. The purchasing process should be also in full accordance with all the terms mentioned below, all the conditions and all the applicable local, state, national and international laws, rules and regulations.
2. Persons under 13 are not allowed to get any use or access to the Service.
3. You are responsible for any acts performed using your account – the one that is created by you. You agree with the fact that you won’t ever sell, transfer, license or assign your account or any other rights to your account to third parties. Except for the legal persons or companies who have special permission to create an account on behalf of their employers or clients, CuteRGB strictly forbids creation the account for any other person than you. So, while creating the account on CuteRGB, you consent to the fact that you create an account for yourself. You also agree with the statement, that all the information that had already been provided by you or will be provided by you during the registration process and all the other procedures is true, accurate, current and complete. You agree to update your personal information if it changes, so that it always remains true and accurate inside of your personal account.
4. You are solely responsible for keeping your account password for CuteRGB. We recommend you to use “complicated” passwords (consisting of numbers, letters and special characters) for your account. You must immediately notify us in case you suspect that any security problem or unauthorized use of your account may take place. CuteRGB is not responsible for any liability, damages, losses or expenses being caused by or being related to the unauthorized use of your account.
5. You must not use the Service for illegal or unauthorized purposes of any kind. You agree with the fact, that you comply with all laws, rules and regulations being applicable to the use of the Service.
6. You must not interfere with the Service work, servers or networks connected to the Server, including the type of harm related to transferring of worms, viruses, spyware, malware or any other destructive or malicious soft. You can not add any material or HTML-codes to CuteRGB content, or interfere with the display of any page of CuteRGB inside the browser on the user’s device in any other way.
7. You must not create accounts on the Service via unauthorized means, including – but not limited by – using of automated systems, scripts, bots, web spiders, crawlers or scrapers.
8. You must not use the Website in a way that may prevent or limit the use of the Website by other users.
9. Violation of the present Terms of Use may lead to deleting of your CuteRGB account based on a unilateral decision by CuteRGB.

3. General Statements

1. We reserve the right to unilaterally modify or terminate the Service action or restrict your access to the Service for any reason without notice, at any time and without incurring obligation to the user.
2. After deleting of the account, all the licenses and other rights granted to you by the present Terms of Use are immediately terminated.
3. We reserve the right to unilaterally amend the Terms of Use time after time for any reason that is important to us. Except for the situations when we make changes for legal or administrative reasons, within reasonable terms we will notify you of the date when the updated Terms of Use become legal in advance. You agree with the fact, that we may notify you of the updated Terms of Use by posting them on the Service pages. You agree that the use of the Service performed by you after the updating of the Service’s Terms of Use (or any other activity by you that can be clarified by us within reasonable terms) means that you agree to all the updates of the Service’s Terms and Conditions. Therefore, we encourage you to review all the present Terms of Use or any updates to the Terms of the Service. The Updated Terms will become effective since the date of their publication or any later date mentioned in the updated Terms of Use. From that moment you will be applied to the use of the Service. In case of any disputes that had appeared before the updating of the Terms of Use, we will follow the present Terms of Use.
4. We reserve the right to refuse the access to the Service to anyone at any time, without any explanation.
5. You agree that you are responsible for all the expenses which may entail the use of the Service.
6. By providing us your real e-mail address, you consent to the use of the e-mail address to send you notifications related to the provision of services, including any other notices by the Service being required by the Law instead of real time e-mail communication. We may also use your e-mail address to send you important messages about changes of the Service functions, the present Terms of Use, as well as to let you know about special offers you may like, discounts and promotions. If you don’t want to receive these service e-mails, you can unsubscribe or change settings on your account settings page.
7. We forbid the use of crawlers and scrapers, caching or any other access to the Service materials with the help of using automated tools.

4. Rights

1. You can purchase any product presented on our Website without registering and creating an account. The present Terms of Use are available to anonymous users, as well as registered ones. If you make purchases without registering and creating an account, some services of the Website may be unavailable to you. You can register and create your account at any time you like.
2. Although CuteRGB tries to maximize the availability of the Service, in some cases the Service work may be suspended, including – but not limited by – the planned maintenance works or upgrading works, emergency repairs or failures in the operation of telecommunications networks and/or technical equipment related to the service work. In addition to this, CuteRGB reserves the right to delete or edit any content of the Service for any reason without notice. In other words, the CuteRGB is not liable to you for any modification, suspension or discontinuance of the Service or for the loss of any content of it. You also agree with the fact, that the Internet can contain cases of the security violations, so the loading of any materials or other information may sometimes not be totally secure.
3. All the products on the Website are protected by copyright and have the specific conditions of use. When you purchase a product on CuteRGB.com, you acquire the right to use this product in accordance with the rules of the license for this product. You should carefully read the product license before making a purchase. If you are not totally ready to follow the rules of use of the product under a license or have any other second thoughts, you agree that you will not purchase this product. If the purchase had been already performed, it means that you agree to use the product according to the rules of the license for this product.

5. Terms of purchase

1. All products on CuteRGB.com are digital. While purchasing any product on the Website, you agree that you understand that you will not ever expect to receive any physical object.
2. The purchasing process for any product of the Website has the following conditions and order:

– You carefully read the product description, familiarize with the license for this product – this means that you totally agree to follow the rules of the license and that you are ready to make your order.
– You can not ever cancel your order.
– We can not guarantee that any particular product purchasing by you will be constantly available in the nearest future, so you need to download and save the product on your hard disk immediately after the purchase.
– As soon as you pay for the product and download it, you will get a non-exclusive license to the use this product in accordance with all the conditions mentioned in the license for the product.
– The author of the product reserves the right of ownership.
– You are responsible for all the expenses incurred during the currency conversion process. Your bank makes currency conversion and may charge additional fees (we do not control any conversion rate or fees of your bank).

6. Refunds

Talking in terms of the digital nature of the products being sold on the Website, the refunds are not available, except for the cases mentioned below:

– You purchased the product of the Website and paid for it, but you did not get it.
We really try to make our service very easy and very reliable, but we can not exclude some force majeure circumstances that may sometimes appear – they may be caused by the operation of software, servers or scripts related to the Service. If you do not receive the product that you had paid for within 24 hours after the purchase, please, contact our technical support to clarify and solve your problem. In this case, we will check whether the product wasn’t really sent, and then we will offer you to get refund you to send the product to you once again.
2. We totally watch and check the accuracy and quality of all the downloadable products and their compliance with their descriptions, but if you still believe that the product “does not match its description provided of the website” or that the product “does not work the way it was stated in its description provided of the website” after purchasing of the product, please, contact our technical support by email.
3. Before you ask for a refund, please, carefully read with this short useful guide (“The reasons leading to the situation when the refund can not be performed”).

The reasons leading to the situation when the refund can not be performed:

– Digital products are not material objects, which means that they can not be considered as defective/broken/unsuitable and they can not be returned back as it happens with material objects like physical goods. It also means that since the moment when you get a digital product, you can not guarantee us that you will not use it anymore. If the product exactly matches the description provided on the Website and works as it was stated in the description on the Website, there is no reason for the Service for refund in the following situations:
– You do not want to use the product after you purchased it
– The product does not meet your expectations
– You have changed your mind
– You have made an order by mistake
– You do not have proper skills and experience and/or the necessary software to use the product properly
– You had already downloaded the product before, but at the moment you can not get an access to it again, because it was removed

We try to be as clear and fair as possible, but you should understand the difference between physical and digital products and all the restrictions associated with returns related to digital products.

7. Copyright and Intellectual Property

1. All of the products on CuteRGB.com belong to their authors. If you think that any of the products presented on the Website violate your rights and authorship, please, contact us by e-mail: info@cutergb.com to clarify all the circumstances.
2. While purchasing a product, you receive a non-exclusive license to use this product. The term “non-exclusive” means that the author retains the right to use the product himself, as well as provide similar non-exclusive licenses to other buyers.

8. Disclaimer of Warranties and Limitation of Liability

THE PRESENT SERVICE, INCLUDING – BUT NOT LIMITED BY – THE PRODUCTS ON THE WEBSITE ARE PROVIDED “AS THEY ARE”, “IN THE FORM AND STATE THEY HAVE” AND “WITH ALL THEIR DISADVANTAGES”.
YOU USE THE SERVICE BEING AWARE OF ANY RISKS THAT MAY APPEAR.
TO THE MAXIMUM EXTENT BEING PERMITTED BY THE APPLICABLE LAW, THIS SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING – BUT NOT LIMITED BY – THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR NOT VIOLATING SOMEBODY’S INTELLECTUAL PROPERTIES.
WITHOUT LIMITING ALL THAT HAD BEEN MENTIONED ABOVE, CUTERGB DOES NOT WARRANT THAT ALL THE CONTENTS ARE ACCURATE, RELIABLE AND FAITHFUL; THAT THE SERVICE WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL BE AVAILABLE TO YOU AT ANY PARTICULAR TIME AND GEOGRAPHICAL PLACE; THAT ALL THE CONTENTS ARE CONTINUOUS AND SAFE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED BY THE SERVICE; THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL BEING DOWNLOADED OR GOT IN ANY OTHER WAY WITH THE HELP OF USING OF OUR SERVICE, ARE DOWNLOADED BY YOU AT YOUR OWN RISK. YOU AGREE THAT YOU ARE TOTALLY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, ANY LOSS OF DATA THAT ARE RESULTS FROM THE DOWNLOADING MATERIALS FROM OUR SERVICE OR USE OF OUR SERVICE.
CUTERGB GIVES YOU NO WARRANTIES. CUTERGB IS NOT LIABLE FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD PARTIES IN THE FORM OF HYPERLINKS TO THE PAGES OF OUR WEBSITE.

TO THE MAXIMUM EXTENT BEING PERMITTED BY THE APPLICABLE LAW, THIS SERVICE WILL NOT EVER BE LIABLE FOR ANY SPECIAL, INDIRECT LOSS OR ANY DAMAGES, INCLUDING – BUT NOT LIMITED BY – LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, EXPENSES FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND THAT YOU MAY FACE, EVEN IF YOU WERE WARNED THAT ONES MAY TAKE PLACE. NONE OF THE TWO PARTIES IS LIABLE FOR ANY DAMAGES RESULTING FROM FORCE MAJEURE CIRCUMSTANCES OR ACTR PERFORMED BY THIRD PARTIES.

TO THE MAXIMUM EXTENT BEING PERMITTED BY THE APPLICABLE LAW, CUTERGB HAS NO LIABILITY FOR ANY ERRORS OR INACCURACIES IN THE DESCRIPTIONS OF THE PRODUCTS PROVIDED ON THE WEBSITE; FOR PERSONAL PROPERTY DAMAGES OF ANY KIND THAT ARE RESULTS OF YOUR ACCESS OR USE OF THE SERVICE.
CuteRGB IS NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED ON THEM; ANY INTERRUPTION OR CESSATION OF DATA TRANSMISSION FROM THE SERVICE; ANY BUGS, VIRUSES, MALWARE OR OTHER DAMAGING ACTS BEING TRANSMITTED ON THE WEBSITE OR WITH THE HELP OF OUR SERVICE BY ANY THIRD PARTY; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF DATA THAT ARE RESULTS OF USING OUR SERVICE BEING E-MAILED, TRANSMITTED OR MADE AVAILABLE IN ANY OTHER WAY WITH THE HELP OFOUR SERVICE; OFFENSIVE OR ILLEGAL ACTIONS OF ANY THIRD PARTY.

BY ACCESSING OR USING THE SERVICE, YOU DECLARE AND GUARANTEE THAT YOUR ACTIONS DO NOT CONTRADICT THE LAWS OF EVERY SINGLE COUNTRY ON WHICH TERRITORY YOU GET AN ACCESS TO THE SERVICE OR USE IT.

X