TERMS OF SERVICE
Mypancho’s trademarks and service marks, including, without limitation, “Mypancho,” may not be used or associated with any of Licensee’s derivative products created from Digital Media Files without Mypancho’s written consent; provided, Mypancho may require appropriate and fair attribution by display of said marks in, on, or around such products with written notice to Licensee.
Use of Digital Media Files is provided to Licensee by subscription. Your subscription is effective for the period covered by your subscription fee (which is your Purchase Price) as disclosed in the enrollment process and continues upon your payment in advance of the renewal fee for the applicable period (e.g., monthly, half-yearly, or annually). Renewal fees for your subscription will automatically be charged at the then-current rate to the credit card or other billing source authorized by you on the first day of each successive subscription term until you cancel your subscription. Renewal will occur without prior notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then-applicable subscription term for which you have paid, you may cancel your subscription and terminate further billing by logging in to your account and changing your settings under the “My Account” page. Access to previously downloaded files will be revoked upon downgrading your account to a free plan. Your payment to the membership is to access the files contained in the site. All content included or made available through any Mypancho service or platform, such as templates, videos, graphics, logos, button icons, audio clips, digital downloads, and data compilations is the property of Mypancho or its content suppliers and is protected by United States and international copyright laws, the use granted through our license is for products downloaded while on a paid membership. Mypancho reserves the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription for the next applicable period.
TRIALS AND PROMOTIONS
Any free membership or other promotion that provides access to the services must be used within the specified time of the trial. You will be asked for valid credit card information when you sign up for the discount or free trial. We will use the payment information for future subscription fees should you fail to terminate the subscription within the time frame provided. We will start your trial upon completion of your trial signup. You may cancel your trial subscription without charge at any time within 30 days of placing your order. If you do not cancel your free or trial subscription within 30 days of the date you start your trial, your subscription will continue automatically and the monthly fee will be billed to the credit card or other billing source provided by you when you signed up for the free membership or discounted membership, on the first day of each successive subscription term. Such billing will occur without further notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term or the trial period, you may cancel your subscription and terminate future billing in your account under your subscription settings. You must cancel your subscription before the end of the free trial or discounted membership price period in order to avoid being charged a subscription fee.
The Purchase Price, including, without limitation, subscription or enrollment fees, is non-refundable.
Mypancho reserves the right to terminate a Licensee’s access to the Digital Media Files without notice at any time if it determines in its sole discretion that a Licensee is violating any of the terms and conditions of this Agreement. Mypancho also reserves the right for any reason or no reason to refuse to renew a subscription with or without prior notice.
MARKETING AND PROMOTION
Unless specifically agreed between Licensee and Mypancho in writing to the contrary, Licensee hereby grants Mypancho the right to display any derivative works within your possession or control that incorporate one or more of the Digital Media Files at tradeshows, on Mypancho’s website or in email or other electronic solicitations, in publications or advertising circulars, in collateral, and/or via electronic distribution for Mypancho marketing, educational, and promotional purposes as examples of customer usage and to identify Licensee or Licensee’s employer by name or display of trademark or service mark in the same manner for such purpose. Upon request of Mypancho, Licensee shall provide Mypancho any and all such derivative works for such purposes. At Licensee’s request, Mypancho will identify Licensee as the author of such derivative work.
In no event shall Mypancho be liable to Licensee for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Digital Media Files. The foregoing limitations and exclusions apply to the extent permitted by applicable law. Further, in any event Mypancho’s aggregate liability in connection with this Agreement and Licensee’s use of the Digital Media Files shall be strictly limited to the Purchase Price paid therefor.
Licensee indemnifies and holds Mypancho harmless from and against any damages or liability of any kind arising from Licensee’s use of the Digital Media Files in any form, any breach of the terms and conditions of this Agreement, or Licensee’s negligent acts, omissions or willful misconduct or that of its contractors, employees, employers, agents, licensees, or invitees. All license rights granted pursuant to this Agreement shall automatically terminate upon your breach of this Agreement.
Digital Media Files are any images, animations, films, videos or other audio/visual representations recorded in any computer-readable format or form that are created, controlled by or obtained, directly or indirectly, from Mypancho. “Use” or “using” means to access, install, download, copy, distribute, modify, make use of or otherwise benefit from using the functionality of a Digital Media File. “Purchase Price” means the purchase price, membership fee, or pricing structure Licensee selected or will select during Licensee’s enrollment process. “Royalty-Free” means Use without charge of Digital Media Files following or subject to payment of the Purchase Price. “Restrictions” means, collectively, those certain uses of the Digital Media Files that are NOT permitted under this Agreement and are exceptions to the license granted pursuant to Agreement.
GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, the Restrictions, and payment of the Purchase Price with an active membership subscription, Mypancho hereby grants the Licensee a non-exclusive, non-transferable Royalty-Free license to use the Digital Media Files. All rights not specifically granted herein are retained by Mypancho.