Terms of Use
Welcome to TucanTemplates.com (the "Site"), an online service of Tucan Design and Development. By using the Site you agree to the following terms and conditions.
User Conduct
The Site and its contents, including but not limited to articles, newsletters, graphical images, interactive applications, audio and video material, compilations of material, and the user interface (the "Content") are the property and copyrighted material of Tucan Design and Development, its licensors and vendors. "Content" also includes any material from the Site that Tucan Design and Development delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal, noncommercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, or create derivative works from, transfer, link to, quote, or sell any content except as expressly permitted by the copyright laws, in this Agreement, or in the Site's Permission Services section.
"Tucan Design and Development", "Tucan Web Hosting", "Tucan Templates", "Tucan Graphics", "Tucan Marketing" and all other logos, product names and trade names are trademarks or registered trademarks of the company. All trademarks used on the Site are the property of their respective owners. The Tucan trademarks may be used only with the express permission of Tucan Design and Development.
Purchase Of Services
You may have the opportunity to order or receive services through the Site directly or through links on the Site. All Services (unless otherwise noted as owned or offered by Tucan Design and Development.) are provided by third-party vendors ("Vendors") pursuant to agreements, licenses or other arrangements between that Vendor and you.
All aspects of your transactions regarding the Services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Service should be directed to that Vendor.
By using the Site you acknowledge and agree that Tucan Design and Development and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Services ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.
You may have the option to purchase Services over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither Tucan Design and Development nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Tucan Design and Development nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.
Copyrights
Copying, reproduction, retransmission, or redistribution of any material contained in tucantemplates.com in whole or in part or in any medium or form is prohibited without express permission. Permission to use Tucan Design and Development material is granted on a case-by-case basis.
Tucan Design and Development reserves the right to change this material at any time. Tucan Design and Development is not responsible for third-party material appearing on tucantemplates.com template section.
Intellectual Property Infringement Claims
It is the policy of Tucan Design and Development to respond expeditiously to claims of intellectual property infringement. Tucan Design and Development will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, Tucan Design and Development will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Please visit our Privacy Policy for whom to contact regarding intellectual property infringement claims.
Limitation of Liability and Disclaimers
ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TUCAN DESIGN AND DEVELOPMENT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIAL CONTAINED ON THE SITE.
TUCAN DESIGN AND DEVELOPMENT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SITE OR OF ANY EXECUTABLE PROGRAMS; DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNDELIVERED E-MAIL MESSAGES, LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF TUCAN DESIGN AND DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that Tucan Design and Development is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Tucan Design and Development of that Web site.
General
Tucan Design and Development reserves the right to change this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes.
Tucan Design and Development reserves the right to change the Site at any time at its sole discretion without notice to users. Tucan Design and Development may deny access to the Site to anyone at any time.
This Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by Tucan Design and Development its licensors or vendors in specific areas of the Site. However, in the event of a conflict between such terms and this Agreement, the terms of this Agreement shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Templates Terms of Use
Disclaimer
Tucan Design and Development is affiliate of TemplateMonster.com. In order to better serve our customers we have posted a copy of Template Monster's Terms of Use regarding the website templates displayed on tucantemplates.com website. Any concerns or inquires regarding the templates displayed should be directed to Template Monster.
1. IMPORTANT INFORMATION
You should carefully read the following terms and conditions. Your purchase or use of our products implies that you have read and accepted these terms and conditions.
2. LICENSE
Our website grants you a nonexclusive limited license to use the web templates and other products sold through our web site by independent content providers (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
a) LIMITED USAGE GRANTED
You may only use each individual product on a single website, belonging to either you or your client. You have to purchase same template once more in order to make another project with the same design
b) MODIFICATIONS
You are authorized to make any necessary modification(s) to our products to fit your purposes.
c) UNAUTHORIZED USE
You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from our company.
e) OWNERSHIP
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers.
Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
3. OUR REFUND POLICY
Since our company is offering non-tangible irrevocable goods we do not issue refunds after the product is shipped, which you are responsible for understanding upon purchasing any article at our site. Please make sure that you've carefully read 'sources available' section. We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis in agreement of the parties concerned. The deadline for any refund claim is one week after the delivery date. The refund is issued to you after we receive a Waiver of Copyright signed by you. This is a required condition.
4. ANTIFRAUD CHECK
Customer purchase can be suspended for manual antifraud check for 10-20 minutes as well as it can be suspended for longer term (around 20 hours) for more serious investigation. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.
5. PRODUCT INSTALLATION
We do not install any of our products which require installation (osCommerce templates, Zen Cart templates, etc.) Installation is a paid service which is not included in the package price.
6. THIRD-PARTY SERVICES
Our company may use third parties to provide certain services accessible through the Web Site. We do not control those third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with our TOS, agreements or policies, you must comply with our company's TOS, agreements or policies, as applicable.
Our company reserves the right to change or modify these terms with no prior notice.