TERMS AND CONDITIONS OF PURCHASE AND LICENSE AGREEMENT of Use for House of Modern Letters
Last Updated on June 1, 2019
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products, including online courses.
This website is owned and operated by House of Modern Letters , a Tennessee company. You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.
Thank you so much for your interest in artwork from House of Modern Letters! What follows is a binding, legal document that governs your purchase of any downloadable products or custom artwork creation services through the website houseofmodernletters.com (referred to as the “Website”).
YOU MAY NOT MAKE A PURCHASE THROUGH THIS WEBSITE UNLESS YOU ACKNOWLEDGE AND AGREE TO THIS TERMS AND CONDITIONS OF PURCHASE AND LICENSE AGREEMENT (the “Agreement”). By proceeding to purchase the item(s) in your cart, you agree to the following:
This Agreement sets forth the terms and conditions of your use of the Website, operated by "House of Modern Letters," any hypertext links to other websites contained on the Website and other online resources accessible via the Website, and your order and purchase of one or more downloadable products or custom design services available for purchase through the Website. By browsing, accessing, linking, using, downloading information from, and/or making a purchase through the Website, you agree to the terms laid out in this Agreement and you acknowledge that you have read, accepted, and will be bound by this Agreement and will comply with all applicable laws and regulations including, but not limited to, U.S. intellectual property laws and regulations and federal, state and local tax laws.
a. Downloadable Digital Products. Upon submission of the applicable fee, you will receive a file containing the ready-made, downloadable digital product (each referred to in this Agreement as a “Digital Product”) you selected for purchase. All Digital Products are delivered in .png or .jpeg format.
b. Custom Spot Calligraphy Services: If you wish to engage House of Modern Letters for spot calligraphy services, the minimum fee is currently Four Hundred Dollars ($400.00). A non-refundable retainer fee in the amount of Two Hundred Dollars ($200) is due prior to House of Modern Letters providing these services. We will collect information from you that is needed to perform the services, along with your color and style preferences. You will then receive a draft and will have the opportunity to request two (2) rounds of revisions. At the end of the process, which takes approximately one to two weeks, you will receive an ai design file with black lettering for the spot calligraphy House of Modern Letters was engaged by you to create. A final payment of any balance owed beyond the retainer fee is due after your approval of the applicable design, but prior to your receipt of the final deliverables.
c. Custom Envelope Addressing Services. If you wish to engage House of Modern Letters for envelope addressing services, the minimum fee is currently a total of Four Hundred Dollars ($400.00). A non-refundable retainer fee in the amount of Two Hundred Dollars ($200) is due prior to House of Modern Letters providing custom artwork Services. House of Modern Letters reserves the right to assess a rush fee for expedited orders, which you must timely pay upon receipt of invoice. You and House of Modern Letters will agree, in writing, as to the date the envelopes will be delivered to you or sent via U.S. mail. If you wish for House of Modern Letters to deposit the envelopes in the mail for you, you must provide and/or purchase all necessary postage stamps and send to House of Modern Letters at least one (1) week prior to desired dispatch date. A final payment of any balance owed beyond the retainer fee is due after your approval of the applicable design, but prior to your receipt of the final deliverables.
d. Custom Digital Signature Design Services. If you wish to have a calligraphed signature created for you, the fee is currently a total of Ninety-Nine Dollars ($99.00), due prior to House of Modern Letters providing those services. We will collect information from you that is needed to create that artwork, along with your color and style preferences. You will then receive a draft and will have the opportunity to request two (2) rounds of revisions. At the end of the process, which takes approximately one to two weeks, you will receive the following deliverables:
i. The artwork with transparent background and white lettering (png)
ii. The artwork with transparent background with color of your choice (ie. black or brand color); and
iii. The artwork with white background in color of your choice (jpg)
e. Terminology. For purposes of this Agreement, “custom spot calligraphy services,” “custom envelope addressing services,” and “custom digital signature design services” are all together referred to as “Services.” Creative works resulting from the Services include, but are not limited to, any deliverables delivered to you upon completion of the services, e.g., a digital signature, spot calligraphy, and/or calligraphed envelopes, and are referred to in this Agreement as “Deliverables.”
2. Intellectual Property
a. Ownership; License. Unless otherwise noted, all content on the Website, including all Digital Products and all artwork resulting from any Services and including, but not limited to, any Deliverables, and all proofs, drafts, and final deliverable files, are subject to intellectual-property rights including copyrights and trademarks held or licensed by House of Modern Letters. Subject to this Agreement, House of Modern Letters grants you a non-exclusive, non-transferable, limited right to access, use and view:
i. The Website, including, without limitation, all text, files, Digital Products, designs, graphics, drawings, illustrations, images, photographs, video clips, music and sounds, and/or other materials or creative content, and all trademarks, service marks and trade names used at this Website and the selection and arrangements thereof (collectively, the “Website Content”) solely for your own personal use while viewing the Website,
ii. Any Digital Products and Deliverables, including, but not limited to, any digital downloads such as website title packages, stationery or invitation packages, or other digital bundles, solely for your own personal use.
The Website Content, Digital Products, and any Deliverables (including, but not limited to, proofs, drafts, and/or sketches) are together referred to in this Agreement as the “Intellectual Property”).
b. License Restrictions. You may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Intellectual Property in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Intellectual Property for any public or commercial purpose, including, without limitation, use of a digital signature as a logo, without the prior written explicit consent of House of Modern Letters. If you wish to use Digital Products or any Deliverables commercially, i.e., as a logo or brand representation for a business, you must contact House of Modern Letters for written approval and submit a commercial use fee in the amount of Two Hundred Dollars ($200.00). For all commercial uses, the terms of the below Commercial Use Rights Buyout will apply.
c. Other Prohibited Uses. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You shall not post or transmit through the Website any material that violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right of House of Modern Letters or any other person or entity; material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable; material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; material that is an advertisement for goods or services or a solicitation of funds; material that includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references; material that contains a formula, instruction, or advice that could cause harm or injury; material that is a chain letter or “spam” of any kind; or material the licensed use by House of Modern Letters would result in House of Modern Letters having any obligation or liability to any party. You are prohibited from using this Website to facilitate mail abuse or unsolicited email of any type. House of Modern Letters reserves the right to refuse service to you for violation of this paragraph or any of this Agreement.
d. Reservation of Rights. Except as expressly provided in this Agreement, no license to use or reproduce the Intellectual Property is granted to you and all intellectual-property rights therein are expressly reserved by House of Modern Letters. Systematic retrieval of data or other Intellectual Property from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from House of Modern Letters is prohibited. The intellectual property rights in any Digital Products and Deliverables are specifically reserved by House of Modern Letters and its agents and licensors, if any. With the exception of the Commercial Use Rights Buyout, which must be purchased separately, any license granted to you under this Agreement does not afford you any intellectual property rights in or to any Digital Products or Deliverables. House of Modern Letters reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
3. Disclaimer of Warranties
HOUSE OF MODERN LETTERS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO DIGITAL PRODUCTS, SERVICES, AND/OR ANY DELIVERABLES, INCLUDING, BUT NOT LIMITED TO, THE EXTENT YOU MODIFY ANY SERVICES DELIVERABLES. THE DIGITAL PRODUCTS, DELIVERABLES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSE OF MODERN LETTERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE DIGITAL PRODUCTS OR DELIVERABLES. HOUSE OF MODERN LETTERS MAKES NO WARRANTY THAT AVAILABILITY OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DIGITAL PRODUCT, SERVICE, OR DELIVERABLES MEET YOUR SPECIFIC REQUIREMENTS, THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS, THAT THE QUALITY OF THE DIGITAL PRODUCT, SERVICE, OR DELIVERABLES WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4. Limitations of Liability
IN NO EVENT SHALL HOUSE OF MODERN LETTERS OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, THE PURCHASE OF ANY DIGITAL PRODUCTS OR DELIVERABLES, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HOUSE OF MODERN LETTERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY FOR HOUSE OF MODERN LETTERS FOR ANY CLAIM ARISING FROM YOUR USE OF THE WEBSITE OR ANY DIGITAL PRODUCTS OR DELIVERABLES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE DIGITAL PRODUCTS OR DELIVERABLES. ALTHOUGH HOUSE OF MODERN LETTERS MAY PROVIDE CERTAIN SECURITY IN AN EFFORT TO PROTECT THE ELECTRONIC TRANSMISSION OF CERTAIN INFORMATION THAT YOU SUBMIT TO HOUSE OF MODERN LETTERS THROUGH THIS WEBSITE, HOUSE OF MODERN LETTERS DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE, INCLUDING TO OR FROM ANY THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE. SUBMISSION OF ANY FINANCIAL (E.G. CREDIT CARD) OR OTHER INFORMATION TO THIS WEBSITE OR TO ANY THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK AND RESPONSIBILITY. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, House of Modern Letters’ liability is limited to the greatest extent permitted by law.
5. Customer Warranty and Indemnification
You warrant and represent that all content submitted through the Website or otherwise sent to House of Modern Letters by or at the behest of you or your agents or representatives, including, without limitation, messages, data, text, instructions, comments, information, content, and/or other materials (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content. You agree to indemnify and hold House of Modern Letters and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of the Website or Digital Products or Deliverables, the Services, the violation of this Agreement, or infringement by you, or other user of the Website using your computer, of any intellectual property or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. House of Modern Letters reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without House of Modern Letters’ written consent.
6. Digital Product and Service Pricing, Descriptions and Display
a. Pricing. Pricing and Digital Product availability are subject to change without notice. House of Modern Letters reserves the right to limit quantities. Prices displayed on this Website are subject to final approval at the time of order fulfillment. Terms of payment are within House of Modern Letters sole discretion and, unless House of Modern Letters otherwise agrees in writing, payment must be received by House of Modern Letters in accordance with the terms of this Agreement prior to House of Modern Letters acceptance of an order for Digital Products or Services. Payments must be made by credit card, debit card, or another prearranged payment method, unless credit terms have been agreed to in writing by House of Modern Letters. Prices are based on U.S. currency. You agree to pay all fees, shipping charges, and taxes, if applicable. Orders are not binding on House of Modern Letters until accepted by House of Modern Letters, and House of Modern Letters reserves the right to decline the acceptance of any order. Prices advertised on the Website do not include shipping and handling or applicable sales taxes, which will be added to the price for all orders billed to an address in Tennessee, unless you provide House of Modern Letters with a valid and correct tax exemption certificate.
b. Descriptions and Display; Paper and Printing. House of Modern Letters attempts to be accurate in the descriptions of its Digital Products and Services. House of Modern Letters does not warrant, however, that descriptions or other content on this Website are accurate, complete, reliable, current or free from errors or omissions. Colors, display, and other visual features of Digital Products or Deliverables might display differently on your computer monitor than on another computer monitor or mobile device, and may appear differently when printed, depending on the type and quality of printer and/or paper or cardstock used. House of Modern Letters makes no warranty as to the appearance of any Digital Products or Deliverables on any specific type of paper.
In states where House of Modern Letters has no physical presence, House of Modern Letters is not required to collect and remit sales tax for purchases through the Website. Many states, however, require that their residents file a sales or use tax return for items purchased on this Website. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. House of Modern Letters uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but House of Modern Letters does not guarantee the accuracy of the amount of the tax it represents to you as the tax owed. In consideration of House of Modern Letters’ allowing you to use and access this Website and collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect, and you agree to hold House of Modern Letters and its officers, directors, affiliates, parents, subsidiaries, employees, agents and representatives harmless for any harm or other damages you may incur as a result of any error by House of Modern Letters in calculating the taxes you owe for your purchases.
9. Restrictions on Use by Minors
If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 13. House of Modern Letters does not collect personally identifiable information from any person House of Modern Letters actually knows is a child under the age of 13.
10. Denial of Access
House of Modern Letters, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Website. The sending of an e-mail notice by House of Modern Letters to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to this Agreement, you agree to cease and desist immediately from any attempt to access the Website upon issuance of a denial.
11. Modifications and Interruption to Service
House of Modern Letters will in good faith endeavor to provide uninterrupted service to the Website, but you acknowledge and accept that House of Modern Letters does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of House of Modern Letters’ control.
12. Third Parties and Third-Party Sites
13. Refund Policy; Cancellation of Services
a. Refunds. Due to the nature of digital products, it is our general policy not to issue any refunds. However, House of Modern Letters, in its sole and exclusive discretion, shall determine whether to process any refund for its Digital Products or Services. To request a refund from House of Modern Letters, you must first contact Customer Service via email at email@example.com.
b. Cancellation of Services. If you engage House of Modern Letters to perform Services and wish to cancel and/or terminate Services at any time, a cancellation fee in the amount of Two Hundred Dollars ($200.00), in the form of the non-refundable retainer fee, will be retained by House of Modern Letters and will not be refunded to you. This cancellation fee will apply to all Services with the exception of Custom Digital Signature Design Services, for which the following cancellation fee scale will apply:
i. If cancelled before House of Modern Letters has created the first sketch, you shall receive a full refund;
ii. if cancelled after House of Modern Letters has created the first sketch, you shall receive a fifty percent (50%) refund.
14. Non-Disparagement. If you are unhappy with any Digital Product or Service received by you under this Agreement, you must first contact Customer Services via email at firstname.lastname@example.org. We will make best efforts to make our customers happy. You may not publish or make public any disparaging, false, misleading or otherwise defamatory comments about Silbia Ro and/or House of Modern Letters, its employees, agents, directors, officers, affiliates, Digital Products and/or Services.
15. Reviewing of Proofs; Errors
You must inspect all Digital Products and/or Deliverables within forty-eight (48) hours and notify House of Modern Letters within that time if any item is damaged or defective. Preserve any and all evidence of damage or defect and submit such evidence along with a written notice of damage or defect to House of Modern Letters at email@example.com. House of Modern Letters will not consider any claim for damage or defectiveness more than forty-eight (48) hours from the date of delivery.
16. Not for Resale
You agree and represent that all purchases or orders of Digital Products or Deliverables are for your own use in accordance with the terms of this Agreement, and not for resale.
17. Governing Jurisdiction of the Courts of Tennessee
The Website is operated and provided in the State of Tennessee. As such, House of Modern Letters is subject to the laws of the State of Tennessee. Any legal issues arising from or related to your use of the Website, the Digital Products, the Services and/or the Deliverables shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. The state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or the use of or visit to the Website. By using the Website, and thereby agreeing to this Agreement, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes. House of Modern Letters makes no representation that the Website is appropriate, legal or available for use in other locations. Accordingly, if you choose to use the Website, you agree to do so subject to the internal laws of the State of Tennessee.
18. Other Terms
If you have any questions regarding these Terms and Conditions, please contact House of Modern Letters at firstname.lastname@example.org
Commercial Use Rights Buyout
On the date you purchase a Commercial Use Rights Buyout in accordance with the terms of this Agreement, House of Modern Letters forever assigns to you all right, title, and interest, including trademark, service mark, and trade dress rights, copyrights, and rights to infringement claims, throughout the universe, in perpetuity, in and to any artwork subject to that Commercial Use Rights Buyout. Notwithstanding the foregoing, House of Modern Letters may still display, publish, and/or otherwise use the artwork subject to your Commercial Use Rights Buyout in its portfolio, electronic or otherwise, as an example of our work, and may use that artwork in or on the Website and/or House of Modern Letters’ social media accounts, and any and all other marketing or promotional activities for House of Modern Letters.