Terms and Conditions of Use
Welcome to MuseGain.com, the webstore dedicated to creative and passionate users of Adobe Muse and to web lovers as well.
On our website You can buy lincenses to use digital widgets and templates for one of the following purposes:
- building your own website or personal online portfolio;
- building a website for a commercial client, customizing the template/ widgets/tools as you need;
- use the templates/ widgets/tools for educational purposes through deconstruction, analysis to learn how to effectively design and build powerful websites.
By using our website and/or purchasing a product from us, you agree to be bound by the following terms and conditions and this shall serve as an agreement between Eclipse s.r.l. (hereafter “Musegain”, “Us” our “Ours”) – with its legal office in set in “Manfredi di Svevia” street , 2/A, 82100, Benevento, Italy, VAT n. 01658470628 – and you (hereafter “You”, or “User” as applicable) which may be legally enforced against both parties.
Please read these terms carefully and do not hesitate to contact Us if you are unclear about any of them because your use of Musegain.com is conditional on your acceptance to be bound by these terms.
Musegain.com: the website www.musegain.com;
Item: a widget, a template, “MusexPress” and its official plugins available for sale on Musegain.com.
End product: one of the following things, both requiring an application of skill and effort:
- For an Item that is a template, the End Product is a customised implementation of the Item.
- For other types of Item, an End Product is a work that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.
In order to buy on Musegain.com, You have to register and get an account.
You promise that information you give us is true, accurate and complete and that You will keep Your account information up-to-date.
Your account is not transferrable. You are responsible for any use of Musegain.com that occurs in conjunction with Your username and password so keep Your password secure and don’t let any other person use Your username or password. If You realise there’s any unauthorized use of Your password or any breach of security You need to let us know immediately.
You need to be 18 years or over to buy on Musegain.com. If You’re under 18 You will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission and this adult will be responsible for all Your activities.
- Purchase of Items
When You buy an Item on Musegain.com, You acquire the right to use that Item; You’re not actually acquiring the Item itself. You acknowledge that by Your download the ownership of the Item does not get transferred to You and You must not claim that it is Yours.
What You get includes an ongoing, non-exclusive, non transferable, worldwide license to use that Item on the terms and conditions hereby underlined for each kind of Item.
- License extention
The License allows to use the Items to create one or more End products for You or your client. You can charge Your client to produce the single end product but you can’t resell or redistribute the Item on its own, or use it in a product offered for sale where the Item contributes to the core value of the product being sold.
Distribution of source files is not permitted.
Your license is non-transferable, which means that You are not allowed to sell, rent, give, share or transfer the Item or the right to use it to anyone else. The work You create with the Item must be used either by Yourself or by Your client.
Items may not be used:
- As part of a trademark or logo (when possible);
- For unlawful or other immoral purposes;
- In a way that can damage Musegain or its name.
You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other Items, and even if You modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications.
Although You can modify the Item and therefore delete components before creating Your single End Product, You can’t extract and use a single component of an Item on a stand-alone basis.
You must not permit an end user of the End Product to extract the Item and use it separately from the End Product.
Our subscription plans include unlimited and immediate downloads of all templates, plugins and widgets for one full year from the date of subscribing, as well as unrestricted access to new releases and ongoing products upgrades. You can find the details for each plan here https://www.musegain.com/year-subscription/
The subscription plans all include a free support service from 9am – 5pm Central Europe Time, Monday – Friday. They don’t include the MusexPress priority support service which is a payment service. You can find the specifics pertaining to each support service here: https://www.musegain.com/help/musexpress-support.html
From the date of subscribing you are allowed to download and use the Items on the rules outlined in these terms and conditions.
Subscription expires after one year from purchase; you can buy it for a new year at the price advertised on MuseGain.com on the date on the new purchase.
After the subscription is over, you will not receive the updates on the products, and the products that were added to your account through the Year Subscription will not be available to download in your account anymore, but you will be still able to use the products that you downloaded before your subscription period was over. Once the subscription expires, you can no longer have access to our free support.
Musegain does not promise that any particular Item will continue to be available on the website so You should download and save the Item as soon as You buy it.
Musegain will employ reasonable efforts to make sure that the Site is always available to Users, but temporary disruptions of the services available on our website may occur from time to time.
- Prices and taxes
All Prices advertised on Musegain are stated in USA dollars.
You are responsible for all costs of currency conversion relating to Your purchases. Your financial institution does the currency conversion and may charge You additional fees (we don’t control either the conversion rates or Your financial institution’s fees).
Prices of all Items and services, including but not limited to annual subscription plan fees, are subject to change with notice on our website.
Prices and fees are inclusive of transactional taxes where relevant (like VAT), except for the following, which will be added as part of the total price buyers see before finalising a purchase: (a) European Union VAT (if applicable) and (b) any other transactional taxes we state on the site will be added.
We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
- Incorrect prices or informations
Despite our reasonable efforts, items and services may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and You must not use the Item.
- Refund policy
Given the nature of downloadable and irrevocable digital Items, Musegain does not issue refunds after the purchase or subscription is made. You are responsible for understanding this upon registering for our subscription or purchasing a product.
You agree to indemnify, defend, and hold harmless Us and our employees and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of our website and the use or the inability of use of any Item, Your failure to abide by any restriction regarding the use of an Item, or any claim by a third party related to the use of an Image.
Except as provided in a non-excludable law, We shall not be liable to You or to any other person or entity for any general, punitive, special, direct, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of Your use of the website or the Items.
- Disclaimer of warranties
Because some jurisdictions do not allow the exclusion of certain warranties, some of the exclusions set forth below may not apply to You.
You specifically agree that Your use of the products is at Your sole risk, and the products are provided on an “as is” and “as available” basis.
We make no warranty that (a) the products will meet Your requirements; (b) Your use of the products will be timely, uninterrupted, or error-free; (c) any information obtained by You as a result of the products will be accurate or reliable; and (d) any defects or errors in the products will be corrected.
Any material downloaded or otherwise obtained through the use of the products is accessed at Your own discretion and risk, and You will be solely responsible for any damage to Your device or loss of data that results from the download of any such material.
- Links to Third Party Sites
The website may be linked to other web sites on the Internet which are not under the control of or maintained by Musegain.com.
- Intellectual property
“Musegain.com”, “Musexpress.net”, logos and trademarks related to our products are our trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Musegain.com or Musexpress.com. You may not copy, imitate, or use them without our prior written consent.
All right, title and interest in and to the Musegain and Musexpress websites, any content thereon, including but not limited to the Items, is the exclusive property of Musegain, except for some third party photos and images that may be used with a regular license.
Photos, images and videos used in website are purely for demonstration or promoting purposes and are not included in the purchases or in subscription. They’re licensed on the basis of editorial use only.
- Confidential information
While using Musegain.com, You may also become aware of confidential information about us. You promise to not disclose any confidential information made available to You through the web site to any other person.
- Changes to term and conditions.
We may amend this termes at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a substantial change, we will provide you with 30 Days’ prior notice of any substantial change by posting a notice on the “Terms and conditions” page of our website.
- Dispute and claim
Any dispute or claim relating in any way to any products or services sold by Musegain will be solved through the On Line Dispute Resolution service provided by the European Union on the following link http://ec.europa.eu/odr.
- Applicable law
In some jurisdictions there may be consumer or fair trading laws that apply and that may give You rights that we cannot exclude, restrict or modify (‘non-excludable law’). Except as provided in a non-excludable law, we are bound only by the express promises made in these user terms and we are not bound by implied terms.
We operate from our offices in Italy. Except as provided in a non-excludable law, the italian laws govern these user terms, and You submit to the jurisdiction of the courts in Benevento.
Last review: January 2017