Please review my terms in full, but here are two key points:
1) No Refunds: All digital product sales are final. As digital products can’t be returned, I am unable to issue refunds for digital products. However, if you’re experiencing a technical issue of any kind, please reach out to me via email for support. If you are resident of the European Union, see Section 7 for country-specific cancellation rights.
2) Personal Use Only: All digital downloads grant a personal-use license only. You may not resell, recreate, redistribute, or reproduce any products or downloads sold and/or created by Yellow Llama Co.
When purchasing a digital download product through my website, you agree to the terms on this page.
OVERVIEW
This website is solely operated by Gloria Riley, creator of the entity Yellow Llama Co. Throughout the site, the terms “I”, “me” and “my” refer to Yellow Llama Co. Yellow Llama Co. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting my site and/ or purchasing something from me, you engage in my “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. I reserve the right to modify or discontinue the Service (or any part thereof), including these Terms of Use, without notice at any time. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
My website is hosted on Hostinger. They provide me with the online platform that allows me present my site to you.
My products are hosted on Lemon Squeezy, a web-based, hosted SaaS service, as well as Payhip. They provide me with the online e-commerce platform that allows me to sell my products and services to you.
By proceeding with a purchase, you will enter into a consumer contract with Lemon Squeezy LLC (a limited liability company registered in Utah, USA) who will supply digital content on a non-tangible medium (Digital Content) to you subject to the terms of the End User license granted in section 2.
Purchases made prior December 1st, 2022: You entered into a consumer contract with Payhip who will supply digital content on a non-tangible medium (Digital Content) to you subject to the terms of the End User license granted in section2.
SECTION 1 – ONLINE STORE TERMS
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, or that you are the age of majority in your state or province of residence and you have given me your consent to allow any of your minor dependents to use this site.
You may not use my products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
I reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by me.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.1 TERMS OF USE
ALL DIGITAL DOWNLOADS GRANT A PERSONAL-USE LICENCE ONLY
When purchasing a digital download product through my website, you agree to use the file for personal use only. You are purchasing a personal use only license.
Yellow Llama Co. is the content creator. Lemon Squeezy and/or Payhip (“Content Provider”) grant the buyer (Licensee) a non-exclusive personal-use license to download the image(s) (collectively, “Media,”) subject to the following restrictions:
Licensee is purchasing a license is for personal use only. Personal use means non-commercial use of the image(s). You may use the Media for personal purposes such as printouts for your gameplay, etc.
The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising or marketing purposes unless within the context of promoting Yellow Llama Co. The Media may not be resold, relicensed, or sub-licensed.
Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Creator.
There are no warranties, express or implied. The Media are provided ‘as is.’
Content Provider or Content Creator will not be liable for any third party claims or incidental, consequential or other damages arising out of this license or Licensee’s use of the Media.
Licensee may not resell, relicense, redistribute under any circumstances. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks. Media may not be made available for download.
Content Creator retains all rights, license, copyright, title and ownership of the Media.
There is no warranty, express or implied, with the purchase of this digital image(s). Content Provider or Content Creator will not be liable for any claims, or incidental, consequential or other damages arising out of this license or buyer’s use of the Media.
The license contained in this Agreement will terminate automatically without notice from Content Provider if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; (ii) destroy or, upon the request of Licensor, return the Licensed Material to Licensor; and (iii) delete or remove the Licensed Material from Licensee’s premises, computer systems and storage (electronic or physical).
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
I am not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site. You agree that it is your responsibility to monitor changes to my site.
SECTION 4 – PRICES AND PAYMENTS
4.1. Prices for my products are subject to change without notice.
I reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4.2. The price for the Products that you order will be the price quoted on the Site at the date the order is received.
4.3. If you are purchasing Products from within the European Union, all subtotals are without VAT. All instant downloads are sold through Lemon Squeezy who deal globally with any VAT or sales tax charges.
For purchases made prior December 1st, 2022: All instant downloads were sold through Payhip who deal with any VAT charges.
4.4. Payments can be made by credit or debit card. By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise Lemon Squeezy LLC to charge to the card you tendered all amounts payable by you to them based on the Products you order.
4.5. You may be subject to validation checks and/or third party authorisations depending on your method of payment.
SECTION 5 – PRODUCTS OR SERVICES
5.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to my Return Policy.
5.2. I have made every effort to display as accurately as possible the colors and images of my products that appear at the store. I cannot guarantee that your device monitor’s display of any color will be accurate.
5.3. I reserve the right, but are not obligated, to limit the sales of my products or Services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. I reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.4. I 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 Service will be corrected.
SECTION 6 – DELIVERY
6.1. Digital Products bought through the Yellow Llama Co. store are delivered by Lemon Squeezy (Prior December 1st, 2022: Payhip) via download to your personal computer. All shop items are instant digital downloads and no physical product will be shipped.
6.2. Please ensure that the email used to make the purchase is accurate and can receive mail. I am not responsible for any digital downloads that are not sent due to incorrect email addresses.
SECTION 7 – RIGHT OF CANCELLATION
Subject to this Section 7 and any rights that you may have under applicable law, there are no refunds for Yellow Llama Co. content purchased from Yellow Llama Co., Lemon Squeezy LLC or Payhip unless expressly authorized by Yellow Llama Co..
If you are resident of the European Union, see below for country-specific cancellation rights:
Right of Withdrawal:
You can withdraw from this contract without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal you must inform Yellow Llama Co. of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail to the address below). You can use the model withdrawal form below, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal:
If you withdraw from this contract, I will reimburse to you all payments received from you, including the costs of delivery (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which I am informed about your decision to withdraw from this contract. I will carry out such reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of such reimbursement.
Important:
You will lose your right of withdrawal if the contract regards the supply of digital content which is not supplied on a tangible medium and the performance has begun before the end of the withdrawal period with your prior express consent and acknowledgment that you thereby lose your right of withdrawal. The performance of the supply of digital content is complete once I have sent you your purchase confirmation which includes access to the digital content.
Model Withdrawal Form:
To:
Yellow Llama Co.
Avenue de Roodebeek 70
1030 Schaerbeek
Belgium.
I hereby give notice that I withdraw from my contract for the provision of the following goods: [identify your purchase, e.g. by stating the item purchased and your email which you used during checkout]
Order Date: [insert order date]
Your Name: [insert your name]
Address: [insert Address]
Today’s Date: [insert current date]
Your Signature (only if this form is notified on paper)
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION // CANCELLATION BY ME
8.1. I reserve the right to refuse any order you place with me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household or per order.
8.2. I reserve the right to cancel any order (or any part of the order) if for any reason:
- 8.2.1. the Products ordered by you are no longer available;
- 8.2.2. the Products cannot be supplied to you in the country where you reside;
in which event I will notify you by email and refund any payments you have made for that order or that part of the order.
8.3. I endeavour to make sure that all prices advertised on the Site are correct, However, if I discover that the Products you have ordered were listed at an incorrect price I will inform you of the correct price as soon as possible. I will give you the option of re-confirming your order or cancelling it; if you choose to cancel your order I will refund any payments made.
8.4. I will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
8.5. I may terminate or suspend your use of and registration on this Site at any time if you breach any of these terms and conditions or for your inappropriate or unlawful behaviour, without any liability or further obligation of any kind whatsoever to you or any other party.
8.6. I reserve the right to modify, suspend or discontinue this Site, the Service or any Products (or any part thereof) at any time with or without notice to you. I shall not be liable to you or any third party for any such modification, suspension or discontinuation.
8.7. You agree to indemnify me and hold me harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this Site, the Service or any Products.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at my store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that I can complete your transactions and contact you as needed.
For more detail, please review my Return Policy.
SECTION 9 – OPTIONAL TOOLS
I may provide you with access to third-party tools over which I neither monitor nor have any control nor input.
You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of 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).
I may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via my Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK, CONTRIBUTIONS AND OTHER SUBMISSIONS
If, at my request, you send certain specific submissions (for example survey poll), feedback or without a request from me you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Yellowllamaco.com, my social media pages, and my email addresses may allow you to post or submit feedback, ideas, comments, and suggestions for me (collectively, “contributions”). Your submission of contributions to me is voluntary; your contributions are subject to the following terms: (1) you warrant that your contributions do not violate any confidentiality obligations that you may have to third parties and that they do not contain proprietary rights of third parties; (2) your contributions become the property of Yellow Llama Co., and by posting them on Yellowllamaco.com you assign to Yellow Llama Co. all your rights in and to them and waive any “moral rights” with respect to them; (3) Yellow Llama Co. is free to disclose and use (or refuse to disclose or use) any contributions at its sole discretion; and (4) you are not entitled to any compensation or reimbursement of any kind under any circumstances. If you do not agree to these terms, please do not submit any contributions to us.
I may, but have no obligation to, monitor, edit or remove content that I determine in my sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead me or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PERSONAL INFORMATION
12.1. You acknowledge and agree to be bound by the terms of my Privacy and Cookie Policy, which is incorporated herein by reference.
12.2. Providing my Services requires collecting and using your information. my Privacy and Cookie Policy explains how I collect, use, and share information across my Sites, Platform and Apps. It also explains the ways you can control and request deletion of your information.
12.3. You are personally liable for any orders that you place and charges that you incur.
12.4. As a user of the Site you can set up and maintain an account on the Site (On Payhip for customers prior December 1st, 2022). You are solely responsible for keeping your passwords confidential and secure at all times.
12.5. You should notify me immediately if you become aware of any unauthorised access to your account. In no event shall I be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.
12.6. You agree to provide current, complete and accurate information required to complete your account registration and at other times as may be required in the course of using this Site or the Service (“Registration Data”). You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete or inaccurate, I may terminate your rights to use this Site and the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that I may store and use Registration Data you provide (including credit card information) for maintaining your accounts and billing your credit card for orders placed via the Site.
12.7. You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. I will not be responsible for any loss suffered as a result of your failure to do so.
SECTION 13 – ELECTRONIC DELIVERY POLICY
13.1. You agree that I may provide to you required notices, agreements and other information electronically as specified in these terms and conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Site.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
14.1. Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
14.2. I undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. I reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
I do not guarantee, represent or warrant that your use of my service will be uninterrupted, timely, secure or error-free.
I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time I may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
I will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
In no case shall Yellow Llama Co., my directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Yellow Llama Co. and my parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my Services, or when you cease using my site.
If in my sole judgement you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
The failure of me to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by me on this site or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the laws of Belgium.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
I reserve the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. Your continued use of or access to my website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 – NOTICE FOR USERS IN CALIFORNIA
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact me at Gloria Riley, Avenue de Roodebeek 1030, Brussels.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to me at hello[at]yellowllamaco.com.
Effective Date. These Terms are effective as of February 16, 2022.
Updated: March 27, 2023