Terms of service

Terms of Service

This website is operated by Sunny Sprout Design. Throughout the site, the terms “we”, “us” and “our” refer to Sunny Sprout Design. By accessing our website, and/or purchasing from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms of Service,” “Terms”).

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all users/visitors of the website. If you do not agree to all terms and conditions on this page, then you may not access the website or use any Services.

Please read these Terms of Service carefully before accessing or using our website. The Terms of Service governing the use of this Service and the agreement that operates between You and Sunny Sprout Design. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Any new features or tools added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

 

TERMS OF USE FOR DIGITAL FILES:

Files may be used as follows:

• Create finished physical products for personal use.
• Create and sell up to a limit of 300 products per design for small business use.
• Create and sell finished physical products for your small business. This includes selling directly to customers at local shops and craft fairs, on your social media business page, Etsy or your online website. My product photos may not be used to advertise or sell any finished products, DIY wood blanks, or other items online. You must produce your own photos to advertise your products.
• Cut and sell DIY wood blank kits for your paint party business where your customer creates a finished product.
• Cut and sell DIY wood blank kits that include the wood cut out and/or paint, glue and other supplies to create a finished project.

Restrictions of use:

• You may not mass produce and sell finished pieces or wood blanks.
• You may not sell finished items on commercial third-party retailer sites such as Hobby Lobby, Amazon, Walmart, Temu etc.
• You may not alter or rearrange/use parts of the design and resell it as your own.
• You may not resell the digital file or use any parts of the file to create a new design to sell.
• You may not share or re-distribute the file. This includes sending the file to friends, family and/or others so they can make physical products. The license remains with the original purchaser of the file.
• You may not use the design with print-on-demand providers, outside printers, manufacturers, or other parties so that they can make a physical product on your or your company’s behalf.
• You may not use the design to create and sell embroidery files, transfers, or digital printables.
• You may not use the design as a part of a logo, trademark, or service mark.

 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS:

We reserve the right to refuse Service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service without express written permission by us.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions.  Any reliance on the material on this site is at your own risk.

Product descriptions or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. We reserve the right to discontinue any product at any time. You agree that it is your responsibility to monitor changes to our site.

PRODUCTS, SERVICES AND PRICING:

We have made every effort to display as accurately as possible the product shown in the photo examples.  We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

Prices and descriptions for our products are subject to change without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

ORDER CANCELLATION, BILLING AND ACCOUNT INFORMATION: 

We reserve the right to refuse or cancel any order you place with us. If we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide accurate, complete and current information at the time of purchase.  You agree to update your account and other information needed to complete purchases, so that we may complete your transaction or contact you if needed.

TOOLS AND THIRD-PARTY LINKS:

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. These third-party links are not affiliated with us. 

You agree and acknowledge that these links and tools provided are "as is", "as available" and without any type of endorsement, representation or warranty.  We hold no liability for these products or links and cannot be held responsible for their usage by you, the consumer. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. We are not liable for any harm or damage related to any third-party products, websites or damages through your transactions with them. 

INTELLECTUAL PROPERTY

Sunny Sprout Design and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Sunny Sprout Design.

Sunny Sprout Design remains the Copyright and Trademark holder, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sunny Sprout Design.

FEEDBACK AND COMMENT LIABILTY:

We may at any time monitor, edit or remove posted content that we determine to be unlawful, misleading, offensive, libelous, defamatory, threatening, obscene or pornographic, or objectionable that may violate any party’s intellectual property or persons, and/or the Terms of Service.

You agree that your feedback and comments will not violate any rights of any person or third-party.  You agree to not violate copyright, trademark, privacy, personality or other personal or proprietary rights. Furthermore, you agree that your comments will be void of libelous, unlawful, abusive or obscene material.  You also agree to not make comments that may contain third-party links that may contain any type of computer virus or other malware that could affect the operation of the Website or other website users.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are responsible for any comments you make and take full responsibility for any damage, liability or abuse that may occur.  We take no responsibility and assume no liability for any comments posted by you or any third-party.

LIMITATION OF LIABILITY

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

The failure of Sunny Sprout Design to exercise or enforce any rights or provision within the Terms of Service shall not constitute a waiver of any rights or provisions. Notwithstanding any damages that you might incur, the entire liability of Sunny Sprout Design under the provision of these terms, and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you through the Service.

We reserve the right to claim products and service "AS IS" and will not make additional provisions for replacements, unless warranted or deemed applicable.  

TERMINATION:

Sunny Sprout Design reserves all rights to Terminate service at any time. The above Terms of Service are effective until either terminated by us or you. You may at any time notify us in writing by email when you may terminate services with commercial licenses or with the use of our product, or when you cease using our website. 

If we suspect you have failed to follow or comply with terms of services, as outlined above, we may terminate the agreement at any time without notice. We will not refund or prorate any unused portion of products, and you will remain liable for the full amounts due up to and including through the date of Termination. We may at any time deny you access to our services and products.  

CHANGES TO TERMS OF SERVICE:

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

All Copyrights and Trademarks remain the property of Sunny Sprout Design. Upon purchasing from Sunny Sprout Design, you agree to the terms stated.