TERMS AND CONDITIONS

Last Updated: August 18, 2024

Welcome to Mariana Durst Studio. These Terms and Conditions (“Terms”) govern your use of our website and the purchase of our digital products, including website templates and offerings from The Liberated Artist Shop.

By accessing or using our website or purchasing our products, you agree to be bound by these Terms. Please read them carefully before making any purchase or using our services.

1. General Provisions

• Eligibility: You must be at least 18 years old to purchase any products or services from Mariana Durst Studio. By using this website, you represent that you meet this requirement.
• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Your County], [Your State].

2. Intellectual Property

• Ownership: All content, including but not limited to images, text, designs, logos, and videos, are the sole property of Mariana Durst Studio or our licensors. Unauthorized use or reproduction of any content is strictly prohibited and may result in legal action.
• Licensing for Templates: Each website template purchase grants you a limited, non-exclusive, non-transferable, single-seat license to use the template for one website. You may not share, resell, or distribute the template or any part of it without our express written permission.

3. Image Use and Replacement

• Non-Transferable Image Rights: The images provided with our website templates are either the property of Mariana Durst Studio or sourced from third-party platforms such as Unsplash or Pexels. These images are for demonstration purposes only and must be replaced before publishing your website. Failure to replace these images may result in legal consequences for unauthorized use of copyrighted materials.

4. Payments and Additional Costs

• Payments: We use third-party payment processors to handle transactions. By making a purchase, you agree to provide accurate and complete payment information. All payments will be processed in U.S. dollars unless otherwise specified.
• Payment for Templates: Your payment is solely for the designed template and the included Template Resources. It does not cover any fees or costs associated with third-party services, such as Squarespace subscriptions, domain registration, or any other third-party tools or services you may need to launch and maintain your website. These fees are your responsibility and must be paid separately to the respective service providers.
• Chargebacks: You agree to make every attempt to resolve any issues directly with us before initiating a chargeback. In the event of a chargeback, you forfeit any access to bonuses, affiliate bonuses, or other materials provided with your original purchase.
• Refund Policy:
  • Website Templates: All sales of website templates are final. Due to the digital nature of our products, we do not offer refunds, exchanges, or cancellations under any circumstances. Please review all available information on the template sales page, this page, and the live demo to ensure that the product meets your needs before making a purchase.
  • The Liberated Artist Shop Digital Product Refunds: We offer a full 7-day refund period for purchases made through The Liberated Artist Shop. If you find the product defective or different from what was promised, and you can provide an explanation, we will issue a 100% refund within seven days of purchase. No refunds will be given seven days or more from your purchase date.
    • Initiating a Refund: To request a refund, email [email protected] within seven calendar days of your purchase. You must complete a refund request form agreeing not to use, share, duplicate, or sell any refunded digital products. You also agree to delete all refunded digital materials from your devices, accounts, and software within 48 hours. Failure to do so may result in invoicing for the full amount.
    • Refund Processing: Refunds may take 5-10 days to appear on your statement. Please note that credit card processing fees are non-refundable, as these fees are charged by the payment processor at the time of your purchase and are not returned to us.

5. Website Templates and Setup

• Template Application: The website template you purchase is designed to create a new Squarespace website and cannot be applied to an existing website. If you need assistance applying the template to an existing site, you may hire me for a VIP Day, during which I can help you transition the template to your existing website.
• New Website Setup: The template will create a new website that you can customize and then publish. Upon starting with the template, you will receive an extended 6-month trial and a 20% discount on your first annual payment with Squarespace. Please note that this offer is provided by Squarespace and is subject to change.
• Existing Squarespace Websites: If you already have an existing Squarespace website, you will need to purchase a new Squarespace plan when you're ready to publish the new site created with the template. After completing the new site setup, you can request a prorated refund from Squarespace for your old plan.
• Adding a Shop: You have the option to add a shop to your new website whenever you’re ready to begin selling products or services natively within Squarespace.

6. Refund Policy

• Website Templates: All website template salesare final. Due to the digital nature of our products, we do not offer refunds, exchanges, or cancellations under any circumstances. Please review all available information on the template sales page, this page, and the live demo to ensure that the product meets your needs before purchasing.
• The Liberated Artist Shop Digital Product Refunds: Unless otherwise noted on the product listing page, I offer a full 7-day refund period for digital product purchases made through The Liberated Artist Shop if you find the product defective or different from what was promised. However, please note that credit card processing fees are non-refundable. This is because the payment processor charges these fees at the time of your purchase, and they are not returned to us even when a refund is issued. As such, any refund provided will be for the purchase amount minus the processing fees.
• Initiating a Refund: Email [email protected] within seven calendar days of your purchase to request a refund. You must complete a refund request form agreeing not to use, share, duplicate, or sell any refunded digital products. You also agree to delete all refunded digital materials from your devices, accounts, and software within 48 hours. Failure to do so may result in invoicing for the total amount.
• Refund Processing: Refunds may take 5-10 days to appear on your statement.

7. Support Policy

• Website Templates: Support for website templates is limited to accessing the Resource Vault course page, which includes a Quick Start video to help you get started with basic template customizations and a custom GPT. Please note that this is not a full Squarespace design course. No 1:1 or group support is included with your purchase. However, I offer a full suite of paid support options.
• Template Access: You are granted lifetime access to the purchased template and any supplementary resources. However, we reserve the right to discontinue our offerings, including the template support page, at any time, with 30 days' notice.
• Digital Products: All digital products from The Liberated Artist Shop come with self-guided resources only. No 1:1 or group support is included with your purchase. These resources are designed to help you use the product independently, and additional assistance is not provided.

8. Legal Disclaimers

• Affiliate Disclaimer: Some of the resources, tools, and services that I recommend within my templates and digital products are affiliate links. This means that if you choose to make a purchase through these links, I may earn a small commission at no additional cost to you. These recommendations are based on my own experiences and are provided to enhance your use of the products. However, I only recommend products and services that I truly believe will bring value to your experience. Please note that your use of any third-party services or products is subject to their own terms and conditions, and I am not responsible for any issues that arise from their use.
• Trademark Disclaimer: The term “Squarespace” is a trademark of Squarespace, Inc. While I am an affiliate, this content is not officially affiliated with, endorsed by, or sponsored by Squarespace, Inc., beyond the affiliate relationship. All references to Squarespace are provided for informational and educational purposes.
• Content Accuracy: The accuracy of the content provided, including guides, tutorials, and resources, is subject to change due to evolving technologies and updates to platforms like Squarespace. While we strive to keep our content as accurate and up-to-date as possible, we cannot guarantee that all information will be current or applicable at the time of your use. We recommend verifying any critical information through the official resources provided by Squarespace or other relevant service providers.
• No Guaranteed Income: While we may provide examples of success stories, case studies, or testimonials from other users, these are not indicative of typical results. Any statements regarding potential earnings or income are for illustrative purposes only and should not be interpreted as guarantees or promises of actual results.
• Your Results May Vary: Your success depends on a variety of factors that are outside of our control, including but not limited to your background, experience, skills, level of commitment, and the market in which you operate. Therefore, we make no guarantees that you will achieve any particular financial results from using our products or services.
• Assumption of Risk: By purchasing and using our digital products or services, you acknowledge that you are taking full responsibility for your own financial outcomes. You agree that Mariana Durst Studio is not liable for any financial losses or underperformance related to the use of our offerings.

Consultation with Professionals: We strongly recommend that you consult with a financial advisor, accountant, or legal professional before making any financial decisions based on the information provided through our products or services.

9. Security and Assumption of Risk

• Security: We do not store any credit card numbers or payment information. All transactions are handled by third-party processors, and by using these processors, you indemnify us from any liability related to payment security.
• Assumption of Risk: You assume all risks associated with the use of our digital products and services, including any actions taken as a result of the influence, information, or educational materials provided.

10. Dispute Resolution

• Dispute Resolution and Mediation: If a dispute arises, you agree to make a reasonable attempt to resolve it through mediation or alternative dispute resolution before filing any legal action.
• Non-Disparagement: You agree not to slander, libel, or otherwise disparage Mariana Durst Studio or our offerings. Violations may result in termination of access and legal action.

11. Termination and Revocation of Access

• Termination: We reserve the right to terminate your access to our products or services at any time if you violate these Terms. Termination does not excuse any outstanding payment obligations.
• Revocation of Access: Upon termination, all access to the products and services will be revoked, and any outstanding balances will become immediately due.

12. Indemnification and Limitation of Liability

• Indemnification: You agree to indemnify and hold harmless Mariana Durst Studio from any claims, damages, liabilities, costs, or expenses arising from your use of our products or services.
• Limitation of Liability: Under no circumstances shall Mariana Durst Studio be liable for any damages arising from your use of our products or services. Our liability is limited to the fullest extent permitted by law.

13. Entire Agreement and Severability

• Entire Agreement: These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and Mariana Durst Studio regarding the use of our website and purchase of our products.
• Severability: If any part of these Terms is deemed unlawful or unenforceable, all other provisions will remain in full force and effect.

14. Modification of Terms

• Changes to Terms: Mariana Durst Studio reserves the right to modify these Terms at any time. The most current version will replace all previous versions, and we encourage you to review these Terms periodically.

15. Contact Information

• Questions: If you have any questions or require further clarification on these Terms and Conditions, please contact us at [email protected].