Digital Bear Design Website Terms and Conditions
Last updated June 2023.
Digital Bear Design operates under the following working hours: Monday to Friday 9am – 5pm.
Purchasing our fitness website templates
You may purchase website templates from our website. These products shall be sold at the price advertised on our website at the time of purchase.
When you purchase a product, you will be asked to accept these terms. By making payment, you agree that these terms apply and a legal contract is formed between you and us.
Purchases made are known as ‘digital downloads’. In addition, customisable products are bespoke goods under consumer law. In both cases, this means that the usual 14 day cooling off period for consumers does not apply. You cannot change your mind and receive a refund.
If any of our products are not of satisfactory quality, as described or fit for purpose, we will repair or replace the products for you.
Please note that purchasing our digital products does not guarantee sales. You understand that sales are dependent on a variety of factors, including but not limited to your business model, advertising efforts and your target market.
Intellectual property rights
We’re the owner or licensee of all intellectual property rights in our website and all “content” posted onto it. The content is protected by copyright.
You’re allowed to stream or download one copy of the content onto your personal device. By using our website, you agree that you will:
- not rent, lease, sub-license, loan or otherwise make our content available to any person without our prior consent;
- not copy our content, except as part of the normal use of the content;
- not translate, merge, adapt, vary, alter or modify our content, nor allow our content to be incorporated into other programmes;
- not disassemble, decompile, reverse engineer or create derivative works from our content; and
- comply with all applicable law when using our content
If you breach these terms, you may lose your right to use our content, and you must destroy or return any copies you’ve made.
We remain the owner of any products you purchase from our website. When you make a purchase, we provide you with a non-exclusive, non-transferable, royalty-free licence to use the product.
Your website template link will be delivered to your email within 48 hours (please see working hours terms) after you send over your branding kit. Once you accept the invitation the template will be installed as a brand new Squarespace website trial on your account and cannot be transferred onto any other Squarespace site.
Website copy and images
The fitness website templates include copy which is editable. We strongly advise you edit this copy in order to assist you in obtaining improved search engine optimisation results.
The images contained within our website templates are either owned by us or licensed by us. If you choose to upload additional images, it is your responsibility to ensure that the images are properly owned or licensed by you. We are not responsible for your breach of any third party intellectual property rights.
Visiting our website
You’re granted temporary permission to use our website, but we can withdraw or change our website any time without telling you and without being legally responsible to you.
If you let anyone else use our website, make sure they read these terms first and that follow them. If you view our website on someone else’s device, it’s your responsibility to ensure you have their permission. You should only use our website as allowed by law and by these terms and if you don’t, we can suspend your access or stop it completely.
We frequently update our website and make changes to it, but we aren’t obliged to. That means that some material on our website may be out-of-date. It’s important you understand that nothing on our website is intended to contain advice and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on our website by you or anyone else. Where we roll out updates for our website, these will be to improve its functionality and performance, to address security issues or reflect changes to the operating system.
When you use our website, you’re not allowed to:
- use our website in an unlawful manner or act fraudulently or maliciously (including inserting malicious code into our website);
- infringe our intellectual property rights or that of a third party;
- transmit anything which is defamatory, offensive or otherwise objectionable;
- use our website in a way that could damage, disable, overburden, impair or compromise our systems; or
- collect or harvest information from our website to attempt to decipher any transmissions to or from our servers.
Our legal responsibility to you
We don’t guarantee the accuracy of material on our website. As far as legally possible, we exclude legal responsibility for any loss to you arising from use of our website and any indirect, special or consequential loss. We don’t make any warranties or guarantees about the services you may experience through your use of our website. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
Our total liability to you under these terms is limited to the price you have paid for a product, or £500, whichever is greater.
Viruses, malware and security
We use our reasonable skill and care to ensure that our website is secure and free from viruses and malware. That being said, we don’t guarantee that this is the case. You’re responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our website. You also must not try to gain unauthorised access to any part of our website, the server on which our website is stored, or any other server, computer, or database connected to our website. You must not attack our website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
By breaching the provisions of this section, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use our website will end immediately in the event of such a breach.
Links to our website
You may link to the homepage of website if you would like to, but this must be fair and lawful. You should not take unfair advantage of our reputation or attempt to damage our reputation. You must not link to our website in a way that suggests any association with us (where there is none) or any endorsement or approval from us (where there is none). Your link shouldn’t use any logos or trademarks displayed on our website without our express written permission.
You absolutely must not link to our website from another website where the main content unlawful, obscene, offensive, inappropriate, dishonest, defamatory, threatening, racist, sexist, or otherwise discriminatory, that promotes violence, racial hatred, or terrorism, that infringes intellectual property rights, or that we consider to be otherwise objectionable.
Links from our website
If our website contains links to other websites, this is for information only and doesn’t imply that we endorsement that website or its owners, operators, or any other parties involved with it. We don’t control these third party websites and so we don’t accept responsibility for any materials found upon them or any loss you suffer from using them. You should read the terms and use and privacy policies of any third party websites you access from our website.
Communications from us
If we have your contact details, we might send you important notices by email from time to time, such as about changes to our website or to these terms.
We won’t send you marketing emails without your express consent. If you do give us your consent, you can opt out at any time as our marketing emails include an unsubscribe link.
If you have any issues or queries about our website, you can reach us at firstname.lastname@example.org.
If there is a dispute arising out of these terms, the English courts will exclusively deal with it. English law applies to these terms.