Terms Of Product Purchase and Use

This legally binding agreement ("Agreement") is entered into by and between You ("Purchaser", "You", "Your") and Sunshine Pixel Design Co. ("Company", "I", "My", "Me") for the purchase and use of digital products available through my website at www.sunshinepixel.com and any affiliated subdomains (collectively, the "Sites").

By purchasing a digital product from the Sites, You acknowledge and accept these terms and conditions. If You disagree with these terms, You must immediately cease use of my products and services.

1. Scope of Product Agreement

My digital "Products" include (but are not limited to):

  • Website templates

  • Any other digital documents provided on the Sites for purchase.

2. Intellectual Property Rights

All Products are the intellectual property of Sunshine Pixel Design Co. and are protected under Canadian copyright law, including the Copyright Act (R.S.C., 1985, c. C-42). You may not claim ownership or authorship of any of my Products.

3. Age of Majority & Legal Capacity

By purchasing Products, You certify You are at least 18 years old and legally allowed to enter agreements under the applicable provincial and federal laws of Canada.

4. Purchase Terms & Refund Policy

All digital product sales are final.

Because digital products are immediately delivered upon purchase, refunds, exchanges, or returns are unavailable.

As soon as payment is processed, You gain immediate access. For this reason, transactions are non-refundable.

5. Limited License to Use

Upon your purchase, provided You comply fully with this Agreement, I grant You a non-exclusive, non-transferable, revocable worldwide license to download, edit, and use my Products for your individual or single-business purposes only.

Your license specifically excludes:

  • Sharing, reselling, redistributing, or transferring the Product to a third-party.

  • Uploading my Products to other websites or platforms for distribution, sharing, or sales purposes.

  • Creating derivative works or new products based upon or strongly similar to my Products, to be sold or distributed by You or third parties.

  • Sub-licensing or licensing my Products to others.

If unauthorized distribution or use occurs, I reserve the right to revoke your Product access, bill You for unauthorized reproductions or distributions, and seek legal recourse for any resulting damages under applicable Canadian laws.

6. No Warranty

All of my Products are provided strictly "as is". I offer no warranties, explicit or implied, regarding Product outcomes, accuracy, suitability for specific purposes, error-free condition, or fitness for your specific goals. You accept the Products at your own risk and discretion.

7. Limitation of Liability

In no circumstances shall I be liable or responsible for:

  • Indirect, incidental, special, or consequential damages.

  • Revenue or profit loss.

  • Any claims or demands from other third parties.

My total maximum liability under this Agreement is capped at the exact monetary amount You paid for the specific Product(s) at issue.

8. No Guarantees

I make no specific guarantees regarding your results (such as business growth, increased income, or enhanced engagement) from the use of my Products. Your results depend primarily on factors beyond my control.

9. Sales Tax (GST/HST/PST)

Depending upon your location within Canada, your purchase will include appropriate Canadian taxes, such as GST, HST, or PST, which are clearly indicated at checkout.

10. Governing Law & Jurisdiction

This Agreement will be governed in accordance with the provincial laws of [Insert Province Name], and the federal laws of Canada applicable therein. Any disagreement or claim arising under or connected to this Agreement shall be resolved in courts with jurisdiction located in the Province of [Insert Province Name].

11. Dispute Resolution & Arbitration (Optional)

Should disputes or disagreements arise, the parties agree to first attempt mediation. If disputes remain unresolved, the parties agree to arbitration in accordance with the provincial Arbitration Act applicable in Alberta, Canada at a mutually agreed-upon location within that province. Both parties shall equally bear arbitration costs and individually bear their own legal representation expenses.

12. Severability & No Waiver

If any part of this Agreement is deemed invalid or unenforceable, it will not affect the validity or enforceability of other parts of these terms. My failure to enforce any provision shall not waive my right to later enforce it or any other provision stated.

13. Assignment

This agreement or your license to the Products cannot be assigned or transferred by You without my prior written consent.

14. Entire Agreement

These terms embody the full and complete understanding between You and Sunshine Pixel Design Co. (Me), replacing all prior oral and written agreements or communications. Revisions can be made exclusively by written agreement, signed and appended by both parties.

Contact Me

If You have questions or require clarification regarding these Terms, please reach out via email at info@sunshinepixel.com.

Thank you for supporting Sunshine Pixel Design Co.! I'm honoured to serve your design needs as a creative Canadian business.