Terms of service

OVERVIEW

This website is operated by Procreations. Throughout the site, the terms “we”, “us” and “our” refer to Procreations. Procreations operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated digital shopping experience (the “Services”). Procreations is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

All products sold through this website are digital downloads delivered electronically. No physical goods are shipped.

SECTION 3 - ORDERS

When you place an order through our website, you are making an offer to purchase a digital product. Procreations reserves the right to accept or decline any order at its sole discretion.

Your order is not considered accepted until payment has been successfully processed and you receive confirmation of your purchase. Access to digital files is provided immediately following successful payment.

Please review your order carefully before completing checkout. Due to the instant nature of digital delivery, cancellation requests may not be accommodated once an order has been processed and access has been granted.

If we are unable to process your order, or if we make a change or cancellation, we will attempt to notify you using the contact information provided at the time of purchase.

All purchases are subject to our Refund Policy.

You represent and warrant that your purchases are for your own use. Redistribution, resale, or transfer of digital files is strictly prohibited.

SECTION 4 - PRICES AND BILLING

Prices for our digital products are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be confirmed in your order confirmation email.

All prices are listed in the applicable currency displayed at checkout. Where required by law, applicable taxes may be added at checkout.

As all products are delivered digitally, no shipping, handling, customs, or import charges apply.

We may occasionally offer promotions or discount codes, which may be subject to additional terms and conditions. If there is any conflict between promotional terms and these Terms of Service, the promotional terms will govern.

You agree to provide current, complete, and accurate billing and payment information for all purchases made through our store. You are responsible for ensuring that your email address and payment details are accurate so we can process your order and deliver your digital files successfully.

You represent and warrant that:

(i) the payment information you provide is accurate and complete;
(ii) you are authorised to use the chosen payment method; and
(iii) you will pay all charges incurred at the time of purchase.

SECTION 5 - SHIPPING AND DELIVERY

All products are delivered electronically via digital download.

Access to purchased files is provided immediately after successful checkout via the confirmation page and confirmation email.

We are not responsible for delays caused by incorrect email addresses provided by the customer or email delivery issues outside our control.

SECTION 6 - INTELLECTUAL PROPERTY

All content and materials available through the Services, including but not limited to trademarks, branding, text, images, graphics, digital designs, flash stamps, reference materials, brush sets, colour palettes, templates, video, and overall design structure, are owned by Procreations or its licensors and are protected by applicable intellectual property laws.

All digital products are licensed, not sold.

Purchase grants you a non-exclusive, non-transferable license to use the purchased files for personal and professional tattoo work. This license does not transfer ownership of the original files.

You may not:

Resell, redistribute, or share the original files
Claim the original files as your own
Upload the original files to third-party marketplaces
Include the original files in any competing product or service

Except as expressly permitted under this license, no part of the Services or digital products may be copied, reproduced, modified, distributed, or exploited without prior written permission from Procreations.

All brand names, logos, product names, designs, and slogans are the property of Procreations or their respective owners and may not be used without written consent.

All rights not expressly granted herein are reserved.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to third-party websites or include embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party websites.

If you choose to access any third-party website through links provided on our Services, you do so at your own risk.

We are not liable for any loss or damages arising from your access to, or use of, any third-party websites or services, including any products, content, or transactions conducted through such websites.

We encourage you to review the policies and terms of any third-party site before engaging in any transaction. Any complaints, claims, or concerns regarding third-party products or services should be directed to the respective third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Procreations is powered by Shopify, which provides the e-commerce platform that enables us to offer our Services to you.

All sales and purchases made through this website are conducted directly between you and Procreations. Shopify is not a party to any transaction between you and Procreations and is not responsible for any products, services, or transactions made through this website.

By using the Services, you acknowledge and agree that Shopify and its affiliates shall not be liable for any claims, damages, or losses arising from your purchases or interactions with Procreations.

SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is handled in accordance with our Privacy Policy, which can be viewed here: https://www.shopify.com/legal/privacy/app-users .

Our store is powered by Shopify. As part of providing the Services, Shopify processes certain personal information on our behalf in order to operate, secure, and improve the platform.

Information you submit when making a purchase or interacting with the website may be processed by Shopify and its service providers, which may involve data transfers outside your country of residence.

By using the Services, you acknowledge that you have read and understood our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, reviews, feedback, proposals, or other content (“Feedback”), you grant Procreations a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including commercial use.

This license allows us to operate, improve, promote, and develop our Services without restriction.

You represent and warrant that:

(i) you own or have the necessary rights to submit the Feedback;
(ii) your Feedback does not infringe any third-party rights; and
(iii) your Feedback complies with these Terms of Service.

We are under no obligation to:

(1) maintain Feedback in confidence;
(2) provide compensation for Feedback; or
(3) respond to any Feedback submitted.

We reserve the right, but have no obligation, to monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, defamatory, abusive, infringing, or otherwise in violation of these Terms.

You are solely responsible for the accuracy and legality of any Feedback you submit. We assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You agree not to access or use the Services, directly or indirectly:

(a) for any unlawful, fraudulent, or malicious purpose;
(b) in violation of any applicable laws or regulations;
(c) to infringe upon our intellectual property rights or the rights of any third party;
(d) to harass, abuse, threaten, defame, or harm Procreations, its employees, or any other person;
(e) to submit false or misleading information;
(f) to transmit spam, unsolicited promotions, or similar communications;
(g) to impersonate another person or entity; or
(h) to engage in any conduct that restricts or interferes with the proper functioning of the Services.

In addition, you agree not to:

(a) upload or transmit viruses, malware, or other harmful code;
(b) reproduce, duplicate, copy, resell, or exploit any part of the Services without authorisation;
(c) collect or track the personal information of others;
(d) scrape, crawl, or extract data from the Services; or
(e) attempt to interfere with or circumvent the security features of the Services.

We reserve the right to suspend, restrict, or terminate your access to the Services at any time if we determine, in our sole discretion, that you have violated these Terms.

SECTION 14 - TERMINATION

We may suspend or terminate your access to the Services, in whole or in part, at our sole discretion and without prior notice if we believe you have violated these Terms of Service.

You will remain responsible for any outstanding amounts owed up to the date of termination.

The following sections will survive termination of your access: Intellectual Property, Digital License, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information provided through the Services is made available for general informational purposes only. While we aim to ensure accuracy, we do not guarantee that all information is complete, current, or error-free. Any reliance on such information is at your own risk.

Except as expressly stated by Procreations, the Services and all digital products are provided on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, secure, or error-free.

Some jurisdictions may not allow certain warranty limitations. In such cases, these limitations will apply to the maximum extent permitted by law.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Procreations, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any injury, loss, claim, or damages of any kind, whether direct, indirect, incidental, punitive, special, or consequential.

This includes, without limitation, loss of profits, loss of revenue, loss of data, business interruption, or replacement costs arising from:

Your use of the Services;
Your inability to use the Services;
Any digital products purchased through the Services; or
Any errors or omissions in content made available through the Services.

All products are digital design tools intended for professional use. You acknowledge that use of the products is at your own discretion and professional judgment.

Some jurisdictions may not allow the exclusion or limitation of certain damages. In such cases, liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Procreations, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or relating to:

Your breach of these Terms of Service;
Your violation of any applicable law or regulation; or
Your access to or use of the Services.

We will notify you of any claim for which indemnification is sought. Failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced.

We reserve the right to control the defence and settlement of any such claim, at your expense. You agree to cooperate reasonably in the defence of any indemnified claim.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law.

Any unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Failure by Procreations to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted on this website, constitute the entire agreement between you and Procreations regarding your use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not assign, transfer, delegate, or otherwise transfer your rights or obligations under these Terms of Service without our prior written consent. Any attempt to do so will be void.

Procreations may assign or transfer these Terms, or any of our rights and obligations, without notice or consent.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of England and Wales.

You agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms or your use of the Services.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, modify, or replace any part of these Terms at our sole discretion by posting updates on this website. It is your responsibility to review these Terms periodically for changes.

Where required by law, we will notify you of any material changes. Continued use of the Services after such changes have been posted constitutes acceptance of the revised Terms.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at procreations606@gmail.com.

Our contact information is posted below:

Email: procreations606@gmail.com

Trading Name: Procreations
Registered Company: PRO DOWNLOADS LTD
Company Number: 13058245

Registered Address:
Unit 146248
PO Box 7169
Poole
BH15 9EL
United Kingdom