Terms & Conditions
Effective as of September 12, 2020
Last updated September 12, 2020
By using peacocksheetsmithing.com (the “Site”) or any product or service obtained from the Site (the “Product”), you agree to become bound by the terms and conditions contained herein (the “Terms”). If you do not agree to the terms and conditions of this agreement, do not use the Site or Product.
NO UNLAWFUL OR PROHIBITED USE
All content on the Site, such as downloadable files or templates, text, logos, and images, is the property of Peacock Wordsmithing or its associates or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or other restrictions contained in any such content and will not make any changes thereto. You may not publish, transmit, distribute, sell, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site, except as permitted with a personal or business license, or with express written permission from Peacock Wordsmithing. Your use of the Site or Product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal or business use, and will make no other use of the content without the express written permission of Peacock Wordsmithing and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Peacock Wordsmithing or our licensors except as expressly authorized by these Terms.
Any spreadsheet product (the “Spreadsheet”), such as a downloadable template or custom spreadsheet, includes one non-transferable personal license to be used for one’s personal or business use only. Once copied to your Google Drive, you may modify the Spreadsheet as necessary. Peacock Wordsmithing is not responsible for the proper functionality of the Spreadsheet once it has been modified by you. You may save copies of the Spreadsheet for your own personal or business use. You may transfer the Spreadsheet or a copy of it onto another computer in your business.
You may not send, give, transfer, distribute, or sell any downloadable template or custom spreadsheet, free or otherwise, original or modified, to anyone outside of your business unless you have express written permission from Peacock Wordsmithing.
PRODUCTS AND SERVICES
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color or image will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Product will be corrected.
LINKING TO THE SITE
You may link to the web pages on peacocksheetsmithing.com provided that your website does not contain content that is harmful (illegal, pornographic, etc.). You may not link directly to any downloadable file, or any file with an “.xls”, “.xlsx”, or “xlsm” extension, without express written permission from Peacock Wordsmithing.
THIRD PARTY SERVICES
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Peacock Wordsmithing may share such information and data with any third party with whom Peacock Wordsmithing has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
MATERIALS PROVIDED TO PEACOCK WORDSMITHING OR MATERIALS POSTED ON PEACOCK WORDSMITHING
Peacock Wordsmithing does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to the Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Peacock Wordsmithing, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Peacock Wordsmithing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Peacock Wordsmithing’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Peacock Wordsmithing does not typically offer refunds on Spreadsheets due to the digital nature of the products.
An exception may be made in rare instances when a template has an error (i.e. within a formula or in the code) that prevents it from functioning as intended. The error must be within the original, unaltered Spreadsheet. Peacock Wordsmithing is not responsible for errors caused by template changes from the user.
If you believe there is an error in one of our templates, please contact us describing the error in detail, along with applicable screenshots. Please also let us know what device, operating system, and browser you are using (i.e. HP Envy, Windows 10, Chrome version 83.0.4103.116). We will look into it ASAP and may ask you some further questions and/or request access to a copy of your template. If there is an error and we are not able to fix it, you will receive a full refund.
If there is no error in the template, but you are unsatisfied for any other reason, please contact us. We will do everything we can to make you a happy customer again!
We encourage you to read through the product descriptions and instructions thoroughly prior to making a purchase. Please pay special attention to the system requirements noted on the product page to ensure the template is compatible with your device.
The Service is controlled, operated and administered by Peacock Wordsmithing from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Peacock Wordsmithing Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Peacock Wordsmithing, its owners, directors, employees, associates, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Product, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Peacock Wordsmithing reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Peacock Wordsmithing in asserting any available defenses.
Peacock Wordsmithing reserves the right, in its sole discretion, to terminate your access to the Site or Product, or to revoke a Personal or Business License agreement, or any portion thereof at any time, without notice. You may terminate this agreement by not using the Site or any product or service obtained from the Site, and destroying all materials obtained from the Site. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site or Product is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
CHANGES TO TERMS
Peacock Wordsmithing reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Peacock Wordsmithing encourages you to periodically review the Terms to stay informed of our updates.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Peacock Wordsmithing, LLC
d/b/a Peacock Sheetsmithing
4030 Wake Forest Road
Raleigh, NC 27609
Email: peacockwordsmithing [at] gmail [dot] com