Terms of service
TERMS OF SERVICE
Global Digital Artwork Sales Website
Last Updated: October 1, 2025
Welcome LMS Designz, a division of Liquidmedia Solution Inc. (Website," "we," "us," or "our"). These Terms of Service ("TOS") govern your access to and use of our Website, including any content, functionality, and services offered on or through www.lmsdesignz.com, whether as a guest or a registered user.
Please read the TOS carefully before you start to use the Website. By clicking to agree to the TOS or by accessing or using the Website, you accept and agree to be bound and abide by these TOS and our Privacy Policy, incorporated herein by reference.
1. General Provisions
1.1 Governing Law and Jurisdiction
These TOS and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these TOS or the Website shall be instituted exclusively in the courts located in Toronto, Ontario, Canada, although we retain the right to bring any suit, action, or proceeding against you for breach of these TOS in your country of residence or any other relevant country.
1.2 Eligibility
The Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us.
1.3 Changes to the Terms of Service
We may revise and update these TOS from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised TOS means that you accept and agree to the changes.
2. Intellectual Property Rights and Digital Artwork Licensing
2.1 Ownership of Artwork
All digital artwork, images, designs, and content (the "Digital Artwork") available for purchase or display on the Website are the exclusive property of the respective artist ("Artist") and are protected by Canadian and international copyright, trademark, and other intellectual property laws. The Artist retains all copyright and moral rights in the Digital Artwork.
2.2 Limited License Grant to the Purchaser (Buyer)
Upon the successful and complete purchase of a Digital Artwork, the Buyer is granted a non-exclusive, non-transferable, revocable limited license to use the Digital Artwork solely for Personal Use as defined below. No commercial use is permitted without a separate, written Commercial License Agreement.
· "Personal Use" means non-commercial use, including:
o Displaying the Digital Artwork privately (e.g., on personal devices or a personal website/social media profile with proper attribution).
o Printing the Digital Artwork for personal display (e.g., a single print for a home or office).
o Using the Digital Artwork as a personal background or screen saver.
2.3 Prohibited Uses (Restrictions)
The Buyer MAY NOT, under any circumstances:
· Resell, sublicense, distribute, or otherwise make the Digital Artwork available for use or download by third parties.
· Use the Digital Artwork for any commercial purpose, including but not limited to, advertising, marketing, merchandise, branding, or product packaging.
· Alter, modify, or create derivative works from the Digital Artwork.
· Claim authorship or ownership of the Digital Artwork.
· Use the Digital Artwork in a defamatory, obscene, illegal, or unethical manner.
2.4 Moral Rights
Under Canadian law, the Artist retains Moral Rights (including the right to attribution and the right to integrity of the work) in the Digital Artwork, even if a license is sold. You agree to respect the Artist's Moral Rights and shall not subject the Digital Artwork to any distortion, mutilation, or other modification that would prejudice the honour or reputation of the Artist.
3. Orders, Payments, and Refunds
3.1 Prices and Payment
All prices are listed in [Canadian Dollars (CAD) unless otherwise noted. We accept payment via Visa, Mastercard, American Express, Discover Card and PayPal. By submitting an order, you represent and warrant that you have the legal right to use the payment method designated.
3.2 Digital Delivery and Access
Digital Artwork is delivered immediately upon successful payment via a secure download link or email. We are not responsible for technical issues on the Buyer's end, such as poor internet connection or lack of appropriate software to open the file.
3.3 Sales Tax (GST/HST/VAT)
You are responsible for any applicable sales tax, value-added tax (VAT), Goods and Services Tax (GST), Harmonized Sales Tax (HST), or other taxes, levies, or duties imposed by your jurisdiction of residence. For Canadian residents, all applicable GST/HST/PST/QST will be calculated and added to the purchase price at checkout. For international sales, you acknowledge that you may be required to pay local taxes or import duties upon receipt.
3.4 No Refunds Policy for Digital Products
All sales of Digital Artwork are final. Due to the immediate, irrevocable nature of digital goods, we do not offer refunds, exchanges, or cancellations once a purchase is complete. If a file is demonstrably corrupted or inaccessible, we will attempt to provide a replacement file.
4. Disclaimers and Limitation of Liability
4.1 "As Is" Basis
The Website and all Digital Artwork are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
4.2 Limitation of Liability
In no event will the Website, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, or the Digital Artwork, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, even if foreseeable.
The maximum aggregate liability of the Website, its affiliates, and their licensors for all claims, losses, or damages under these TOS shall not exceed the total amount paid by the user for the specific Digital Artwork that is the subject of the claim.
4.3 International Compliance
We make no representation that the Digital Artwork or content on the Website is appropriate or available for use in locations outside of Canada. Accessing the Website from territories where the content is illegal is prohibited. If you access the Website from outside Canada, you are responsible for compliance with all local laws.
5. Indemnification
You agree to defend, indemnify, and hold harmless the Website, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these TOS or your use of the Website, including, but not limited to, your use of the Digital Artwork in a manner not expressly authorized in Section 2.2.
6. Miscellaneous
6.1 Waiver and Severability
No waiver by the Website of any term or condition set out in these TOS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Website to assert a right or provision under these TOS shall not constitute a waiver of such right or provision.
If any provision of these TOS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect.
6.2 Entire Agreement
The TOS, our Privacy Policy, and any separate Commercial License Agreement, constitute the sole and entire agreement between you and Liquidmedia Solution Inc regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
6.3 Contact Information
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: nadine@lmsdesignz.com