These Terms and Conditions ("Agreement") govern the use of the Envisioned Membership ("Membership") provided by Maria-Ines Design Studio, doing business as Envisioned Membership ("Company"). By becoming a member of the Envisioned Membership, you ("Member") agree to abide by the following terms and conditions:
1. Membership Plans
1.1 Monthly Membership:
Commitment: One month. Subscription: You receive 30 download credits per month. Unused Credits: Unused credits roll over to the next month as long as you are an active member. Credits expire when membership lapses. Members must contact the support team to reclaim any unused credits before canceling their membership. Renewal: Automatically renewed every month unless canceled by the Member before the renewal date. Cancellation: Can be canceled at any time. 1.2 Quarterly Membership:
Commitment: Three months. Cancellation: Cannot be canceled during the active quarter. Renewal: Automatically renewed every quarter unless canceled by the Member before the renewal date. 1.3 Semi-Annual Membership:
Commitment: Six months. Cancellation: Cannot be canceled during the active six-month period. Renewal: Automatically renewed every six months unless canceled by the Member before the renewal date. 1.4 Annual Membership:
Commitment: Twelve months. Cancellation: Cannot be canceled during the active year. Renewal: Automatically renewed every year unless canceled by the Member before the renewal date. 2. Cancellation Policy
2.1 Monthly Membership:
Members may cancel their monthly membership at any time through their account settings. Upon cancellation, access to Membership benefits will continue until the end of the current billing period. Unused credits will roll over to the next month unless the membership is canceled, in which case any remaining credits will be lost. Members must contact the support team to reclaim any unused credits before canceling their membership. 2.2 Quarterly, Semi-Annual, and Annual Memberships:
These memberships cannot be canceled during the active commitment period. Members may cancel their membership to prevent automatic renewal by contacting our support team or through their account settings before the renewal date. If not canceled before the renewal date, the membership will automatically renew for the subsequent period. 3. Refund Policy
Due to the digital nature of the Membership and the immediate access to proprietary content and benefits, no refunds will be provided for any membership plan once payment has been processed.
4. Renewal Notifications
Members will receive a notification prior to the automatic renewal of their membership. This notification will include the renewal date and the amount to be charged.
5. Changes to Membership Plans and Fees
The Company reserves the right to modify the Membership plans, fees, or terms at any time. Members will be notified of any changes in advance. Changes will apply to new memberships and renewals, not to active memberships during their commitment period.
6. Member Responsibilities
Members are responsible for managing their membership status, including canceling their membership prior to the renewal date if they do not wish to continue. Members are responsible for contacting the support team to reclaim any unused credits before canceling their monthly membership. 7. Permitted Uses
7.1 Brand Promotion: Members may use the images to promote their own brand, including but not limited to websites, social media, marketing materials, and presentations.
7.2 Personal and Internal Use: Members may use the images for personal projects or within their organization for internal purposes, including presentations, reports, and non-commercial uses.
8. Agency License (Optional)
8.1 Multiple Brands or Client Use: If Members require the use of the images for multiple brands or for their clients, an agency license is required. The agency license allows for the extension of image usage rights to cover multiple brands or clients. Members must contact the Company to inquire about obtaining an agency license.
9. Prohibited Uses
9.1 Reselling or Redistribution: Members may not resell, sublicense, or redistribute the images from the Membership as standalone assets or as part of any other stock photography products, services, resources, or courses.
9.2 Creation of Commercial Products: Members may not use the images to create commercial products for sale or giveaway, including derivative products such as prints, patterns, invitations, and social media templates.
9.3 Unauthorized Use: Members may not use the images in any manner that infringes upon or violates the rights of any third party or that breaches any laws or regulations.
10. Intellectual Property
10.1 Ownership: All intellectual property rights in the images, including copyrights and any associated rights, are and shall remain the sole property of the Company or its contributors.
10.2 No Unauthorized Use: Members may not claim ownership of the images or use them in a way that suggests they were created by the Member.
11. Diversity and Inclusion
The Company strives to depict and promote inclusion and diversity in all its offerings. However, the Company will not be held responsible for any member's own interpretation of these terms. While we strive to do no harm, it is impossible to please everyone.
12. Prohibited Conduct
No hate speech, discriminatory actions, or any form of abusive behavior will be tolerated. The Company reserves the right to cancel the membership of any member deemed to be using the images or Membership benefits inappropriately, including but not limited to any harmful, offensive, or unethical manner.
13. Indemnification
Members agree to indemnify, defend, and hold harmless the Company and its contributors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with Members' use of the images or any breach of this Agreement.
14. Termination
14.1 Termination by Member: Members may terminate this Agreement at any time by discontinuing the use of the images and deleting all copies of the images from their systems.
14.2 Termination by Company: The Company may terminate this Agreement immediately if a Member breaches any of the terms and conditions outlined herein. Upon termination, Members must cease using the images and delete all copies of the images from their systems.
15. Miscellaneous
15.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
15.2 Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements.
15.3 Amendments: This Agreement may only be amended in writing and signed by both Parties.
15.4 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
15.5 Waiver: The failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce it at a later time.
16. Website Use and Consent
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through this Website ("Content") are our property and are protected by intellectual property laws.
If you have purchased a service, membership, product, or subscription or otherwise entered into a separate agreement with us, you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.
By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and abide by these T&C. Any registration by, use of, or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed, and in violation of these T&C.
17. Intellectual Property Rights
17.1 Our Limited License to You: This Website and its Content are property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
17.2 Prohibited Uses: You may not copy, duplicate, or steal our Website or Content. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link, or any other electronic means) any Website Content without our prior written permission.
18. Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself.
19. Disclaimer
19.1 Informational Purposes: Our Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our Website and its Content.
19.2 No Warranties: WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
20. Technology Disclaimer
We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures, or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.
21. Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
22. Links to Other Websites
We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors, or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
23. Limitations on Linking and Framing
You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement, or ownership with our Website or Content and does not state or imply that we have sponsored, endorsed, or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
24. Indemnification, Limitation of Liability, and Release of Claims
24.1 Indemnification: You agree at all times to defend, indemnify, and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content, or your breach of any obligation, warranty, representation, or covenant set forth in these T&C or in any other agreement with us.
24.2 Limitation of Liability: We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.
24.3 Release of Claims: In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
25. Your Conduct
You agree that you will not use our Website or its Content in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
If you have purchased a membership or product from us, you agree that you will not share your username or password with anyone and that you will keep this information secure. You agree that you will not allow unauthorized users to access your account to use or download images or make changes to your account.
You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:
For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity. To send, use, or reuse any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others. To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings, or any spam, whether intended or not. To cause annoyance, inconvenience, or needless anxiety. To impersonate any third party or otherwise mislead as to the origin of your contributions. To reproduce, duplicate, copy, or resell any part of our Website or its Content in a way that is not in compliance with these T&C or any other agreement with us. 26. Online Commerce
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.
Your participation, correspondence, or business dealings with any affiliate, individual, or company found on or through our Website, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
27. Miscellaneous
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment, or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to their relationship and supersede any and all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent, or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By accessing or using the Sites, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes, you accept the new Terms and Conditions with the modifications.
28. Children
To access or use the Site, you must be of legal age in your jurisdiction and have the requisite power and authority to enter into these Terms and Conditions.
29. Termination
We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.
If you have any questions about these T&C, please contact us at hello@mariaines.co.
Effective Date: [Date]
Contact Information: Maria-Ines Design Studio hello@mariaines.co +31 657135347