THEO is Doing business under Delos Industries, LLC., is a Texas corporation that provides services, assets, products and information through various platforms including our website (www.delosindustries.com) and others that may be added or removed at any time in the future. These "platform(s)" include any versions accessible for consumers through all devices (mobile, desktop, apps, web browsers, etc.) You may use our products and services to modify content that you own or have permission from the copyright owner to modify the work. Delos Industries does not guarantee refunds for any purchases.
All visitors to our platforms and products are subject to the terms, conditions and notices illustrated in these Terms and Conditions. Consumers and purchasers of our products or subscribers to our services may be subject to additional terms applicable to such transactions. These terms and conditions may of course be amended from time to time.
We retain the all rights, title and interest in the content and any derivatives or modifications thereof, in whole or in part. You do not acquire any right, title or interest in any content purchased from Our website. You cannot claim ownership of the content as incorporated in the end product through content identification systems. Any unauthorized reproduction or other use of the content may infringe on copyrights, trademarks and privacy or other rights.
You retain all rights, title and interest in and to the end product other than the content incorporated therein.
You may purchase a license to the content pursuant to these terms and conditions on behalf of your employer or clients, provided that you represent a warrant that shows you have the authority to bind your employer or clients to these terms and conditions. With respect to a client, you must transfer your license to your client via an enforceable written agreement that includes terms no less restrictive than these terms and conditions. You are solely responsible and liable for the use of the content by your employer or clients. These terms and conditions grant you the right to use the same content for the benefit of other clients in other end products, subject to the restrictions set in Section IX.
In order to receive some of the services offered, individuals must register and create an account through a third-party distributor “Gumroad” (for more information, please visit www.gumroad.com ). Please complete the registration process by providing accurate contact information such as a username and password. Please protect your password and information, for you take full responsibility for your own and third-party activities that occur under your personal account. You are agreeing to notify Delos Industries immediately if there is any unwarranted activity or any breach of security. Considering that you must create an account on behalf of an entity, these Terms bind you and the entity.
Delos Industries reserves the right to refuse service to any account/individual that violates the agreed upon Terms and Conditions. Termination of service can be done with or without notice, due to any party violating intellectual property rights, abusing other users of the Services, misuse of the Services, or engaging in any inappropriate conduct determined by Delos Industries with sole discretion.
By understanding and agreeing to these terms and conditions, you are accepting to receive any communications sent electronically along with notices sent by Delos Industries with regard to services or products. These notifications will be provided to you by Delos Industries via email. It will be your own responsibility to keep personal information up to date and to have a working internet connection in order to receive said communications.
If you are making any purchases through our Services or third-party entities, you agree to pay all charges and fees associated with the products involved in the purchase. You are complying with the terms of the applicable payment processor. Unless stated otherwise, all prices are stated in U.S. dollars.
You may not:
- Use, transfer or distribute the content in anyway that allows a third party to download, use, extract or access the content as a stand-alone file, either alone or bundled with other content, regardless of any modification you make to the content (for example, you cannot purchase assets found on Delos Industries’ page, change the color and re-distribute it as your own entity).
- Incorporate assets into a trademark, logo or service mark or otherwise claim trademark or service rights of the content, either alone or incorporated into one’s own “end product.”
- You cannot use our products in an application allowing other parties to customize and create a digital or physical product (for example, online video or animation rendering services).
- Do not use the content or any portion of it for merchandising (t-shirts, calendars, etc.)
- You may not take any action in connection with the content that infringes the intellectual property or other rights of any person or entity.
- Do not use content in a pornographic, obscene or unlawful manner.
You are warranting that you have the right and authority to enter into these terms and conditions illustrated here either individually or on behalf of your employer or client. Neither the end product nor your use of the content shall violate any law or infringe upon any common law or statutory rights of any third-party involved, including contractual rights, copyrights, intellectual property rights and privacy rights.
You are agreeing to indemnify, hold harmless and defend Delos Industries, its managers, members, employees, agents or affiliates at your expense, against any and all third-party claims, actions, proceedings, and lawsuits arising against any of the indemnified parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses incurred by the indemnified parties arising out of or relating to your breach of any term or condition of these terms and conditions.
If we believe that our content may be subject to a third-party claim or if the content is in violation of these terms and conditions, we may instruct you to terminate all use, reproduction, modification, display, distribution and possession of the assets in question. You must comply with such instructions, and we may at any time, discontinue the licensing of the content, and deny the downloading of said content. We reserve all rights not expressly granted in these terms and conditions.
We are not responsible or liable for any personal loss of data, goodwill, profits whatsoever and any special, incidental, indirect, consequential, or punitive damages regardless of cause, including losses and damages resulting from loss of use, data or profits, whether or not foreseeable. This includes breach of contract or warranty, negligence or other action or any other claim that might arise out of or in connection with your use of or access to the content or assets.
Our total liability in any matter that arises out of or is in connection with these terms and conditions is limited to the amount that you paid for in order to use the content. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
We hold the right to terminate the terms and conditions listed in this document along with your right to use the assets upon notice to you in the event of the breach of these terms. That means your party must cease all use, reproduction, modification, display, distribution and possession of said content.
These terms and conditions set for the entire understanding and agreement between both parties relating to the subject matter. Any waiver of or promise not to enforce any right under these terms shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.