Terms & Conditions

The following terms and conditions (the "Terms," "Agreement") outlined herein constitute a legally binding agreement between you and ESLEARNING, LLC dba Dreamy Vibe Designs ("Dreamy Vibe Designs") and govern your access and use of the Dreamy Vibe Designs website at www.dreamyvibedesigns.com (the "Website").

By accessing and/or using the Website, you represent and warrant that you can enter into the Agreement and abide by all of the terms and conditions set forth herein. You may not access or use this Website, subscribe to our newsletter, or accept this Agreement unless you agree with the terms herein. If you do not agree with all provisions of this Agreement, please do not access and/or use the Website, sign up for our newsletter, or purchase products through the Website.

Throughout these Terms, we use "Dreamy Vibe Designs," "we," "us," and "our" to refer to Dreamy Vibe Designs, offering our Website to you. "You" refers to you as an individual who makes use of the Dreamy Vibe Designs Website.

1. Modification of these Terms

We reserve the right to make changes to this Agreement at any time and at our discretion. If you disagree with such changes, you should cease using the website. Your continued use of the website after any such changes to the Terms shall be deemed acceptance of any such new or modified terms. 

The contents of this Website may also include technical inaccuracies or typographical errors. We may publish changes to the contents without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this Website, you agree to be bound by any such revisions.

Also, because our services are evolving, we may change or discontinue all or any part of the Website, at any time and without notice, at our sole discretion.

2. Affiliate disclaimer

We may participate in one or more affiliate advertising program designed to provide a means for us to earn fees by linking to such affiliate programs. We may earn a commission from qualifying purchases made through links on such affiliate program.

Although we obtain information contained in our marketing promotions from sources that we believe to be reliable, we cannot guarantee its accuracy. Any views or opinions expressed in the promotion may not reflect those of Dreamy Vibe Designs as a whole.

4. Intellectual property, copyright, and license

Intellectual property: All the content included on the Website, including, but not limited to, images, code, illustrations, text, fonts, scripts, graphics, audio clips, video clips, documentation, and other interactive features made available to you on the Website, logos, trademarks, and service marks contained herein, are owned by Dreamy Vibe Designs or its licensors. Other service marks, logos, and names on this Website are the property of their respective owners. Any use of the Website or the contents made available to you through the Website other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. 

Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Dreamy Vibe Designs at any time without notice and with or without cause. Despite the foregoing, we make no claim to the trademarks, copyrights, patents, or other intellectual property contained in certain third-party features, which are entirely the property of its owner, assignees, and licensees.

License and restrictions: Subject to your compliance with the terms herein, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Website except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website.

4. Terms of Sale

(a) Product Description, Availability, and Pricing

(i) Product Description: We make reasonable attempts to ensure that product descriptions are as accurate as possible. Please carefully review the template demos, product description, information, FAQs, and requirements before making a purchase.

(ii) Product pricing: Although we make reasonable attempts to provide accurate pricing information about the products listed on our website, typographical errors and pricing mistakes may occur in pricing. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update price information and other information at any time without prior notice.

b) Payment, Tax, and refunds

(i) Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order. Payment for purchases on the website can be made using most major credit cards and other online payment methods made available to you at the checkout page. If you make use of a credit card to pay for your order, you must use your credit card or a credit card that you are otherwise authorized to use. All credit cardholders may be subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order, and we will not be liable for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal.

(ii) Tax: Dreamy Vibe Designs will add applicable sales/use tax on orders as may be necessary. The total price of your order is inclusive of any applicable tax.

(iii) Refunds: We want you to be fully satisfied with every purchase you make from us. However, no refunds are offered since the products sold on our site are digital products delivered automatically online. So, please review the details and demo available for each product prior to purchase to ensure it meets your needs.

We cannot issue refunds for products that have already been sent to the customer, even if they have not yet been downloaded or used. We also cannot offer exchanges or store credit. Once an order is placed, it is a final sale. If a genuine technical error on our end causes you not to receive your purchased item, please contact us immediately at support@dreamyvibedeigns.com so we can assist you. By purchasing from us, you agree that all sales of digital productspro are final, and no refunds, exchanges, or partial refunds will be provided once the files have been sent, regardless of usage or other circumstances.

5. Website template disclaimer

The website templates we created and sold are meant to be used for legal purposes only. While we aim to provide quality designs, we make no guarantee about the performance, returns, or results you may obtain by using these templates.

You take full responsibility for customizing, installing, and using any templates purchased from this website. We claim no liability for issues arising from the use or modification of our templates. This includes but is not limited to technical problems, loss of business, search engine penalties, loss of profits, and compliance or legal issues.

By purchasing and downloading templates from our site, you agree not to hold the creators, sellers, distributors, or affiliated companies responsible for damages—real or perceived—occurring from the use of these website design templates. We make no guarantees about the suitability, security, or functionality of templates for your particular needs.

You are responsible for fully testing and vetting any template before deploying it for a live/commercial website. You also bear all responsibility for ensuring your use abides by the applicable laws and complies with all website policies of the hosting provider. You assume liability for any harm resulting from your use of a template from this website.

Please consider these disclaimers carefully prior to purchase. If you disagree or are unclear on any portion of this disclaimer, please do not download or use templates from this website. You agree to all terms stated here by purchasing and using our templates.

6. Copyright Infringement Notification (DMCA)

We respect the intellectual property of others and ask users of our website to do the same. Our website may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.

If you believe that your copyrighted work has been copied and is accessible on our website in a way that constitutes copyright infringement, please notify us by sending us an email at support@dreamyvibedesigns.com. 

 In order to be valid, the notification must be in writing and must contain the following information:

(i) a description of the copyrighted content or other intellectual property that you claim has been infringed;

(ii) a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;

(iii) a detailed description of where this content or intellectual property is located on the website, in order for us to find it;

(iv) your address, telephone number, and email address;

(v) a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(vi) a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Please note that (i) any person who knowingly misrepresents to Dreamy Vibe Designs that material is infringing shall be liable to Dreamy Vibe Designs and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by Dreamy Vibe Designs and/or the alleged infringer as a result of Dreamy Vibe Designs' reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to Dreamy Vibe Designs that the material was removed or access blocked by mistake or misidentification shall be liable to Dreamy Vibe Designs and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by Dreamy Vibe Designs and/or the copyright owner or its authorized licensee as a result of Dreamy Vibe Designs' reliance on such misrepresentation and replacing such removed or blocked material.

7. Prohibited ways in which you cannot make use of our website

You hereby represent, warrant, and agree that no materials of any kind submitted or otherwise posted or shared by you through the Website will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

You agree to use our website and services responsibly and legally. You represent that you have the right to share any content you submit.

Acceptable Use: Do not share material that is illegal, harassing, threatening, invasive of privacy, hateful, racially objectionable, etc. Do not interfere with other users' enjoyment of our website. Do not attempt to gain unauthorized access to accounts or data.

Prohibited Activities: You may not scrape, copy, distribute copyrighted content, spam, hack, reverse engineer, or exploit our website. Do not conceal your identity or impersonate others.

Purpose Limitation: Only use our website and services for their intended purposes as described in our Terms of Service. Do not use it for fraudulent, illegal, or harmful purposes.

Security: Do not probe, test vulnerabilities, breach security, or disrupt our services. Do not attempt to obtain other users' account information.

We aim to provide a safe, quality user experience. However, we cannot guarantee the website will be error-free or that problems will not occur. We are not liable for damages from service interruptions. You shall not use our Website for any other purpose than Dreamy Vibe Designs' intended purpose as described herein.

8. Feedback and comments

You may voluntarily post, submit, or otherwise communicate any questions, comments, suggestions, ideas, original or creative materials, or other information about Dreamy Vibe Designs or our Services on our website or our social media pages (collectively, "Feedback"). You understand that we may use such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve our Services by using the feedback at our sole discretion.

You understand that your feedback content shall be considered non-confidential and non-proprietary and that by posting, inputting, uploading, sharing, providing, or otherwise submitting any feedback content to our website, we will treat such feedback content as non-confidential. User hereby grants Dreamy Vibe Designs, its affiliates, and marketing partners a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right, sublicensable (through multiple tiers), and transferable right and license to reproduce, use, publish, distribute, translate, reformat, transmit, display, modify, create derivative works of and otherwise commercially exploit (including but not limited to over the Internet, broadcast television or any other uses or media {including any or all existing and future social media platforms}) such feedback, in whole or in part, including existing and future rights that Dreamy Vibe Designs (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means, and forms of exploitation throughout the universe exploiting current or future technology yet to be developed in the future all content in connection with your access and use of the Dreamy Vibe Designs Services.

User agrees that we may permit website users to share and post content on their own social media outlets.

9. Third-party links

Some links on the Website may allow you to leave the Website. The linked Websites are not in any way under our control, and we are not responsible for the contents of any of such linked Websites or, any link contained in a linked Website, or any changes or updates to such Websites.

10. Privacy

When accessing and/or using the Website and the Services we offer, we may obtain certain information about you, or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy, which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.

11.Disclaimers and Warranties

DREAMY VIBE DESIGNS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED  WARRANTIES: (A) THAT THE WEBSITE, WEBSITE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED OR  DISPLAYED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,  SECURE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECTED; (C) THAT DEFECTS IN THE OPERATION  OR FUNCTIONALITY OF THE WEBSITE, WEBSITE CONTENT, SERVICES, OR PRODUCTS WILL BE CORRECTED; AND  (D) REGARDING THE WEBSITE, USER CONTENT, WEBSITE CONTENT, SERVICES, PRODUCTS, ADVICE, INFORMATION OR  LINKS PROVIDED BY ANY THIRD PARTIES OR USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER DREAMY VIBE DESIGNS NOR ANY PERSON ASSOCIATED WITH DREAMY VIBE DESIGNS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE WEBSITE, USER CONTENT, WEBSITE CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER DREAMY VIBE DESIGNS NOR ANYONE ASSOCIATED WITH DREAMY VIBE DESIGNS REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVICES THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.Limitation of Liability

Dreamy Vibe Designs and its officers, directors, employees, suppliers or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to website interruption, and whether in tort, including without limitation negligence, contract or otherwise) in connection with these terms and conditions or the website in any way (including in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website). 

In no event will Dreamy Vibe Designs' total liability arising out of or in connection with these terms or from the use of or inability to use the website exceed the lesser of the total amounts you have paid to Dreamy Vibe Designs during the six (6) month period immediately preceding the event(s) giving rise to such liability or fifty dollars ($50), if you have not had any payment obligations to Dreamy Vibe Designs, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Dreamy Vibe Designs and you.

You agree that if you are dissatisfied with any portion of the website, the services we offer, or with these terms, your sole and exclusive remedy is to discontinue your use of the website and the services we offer.

13. Indemnification

You agree that as a condition of use of the Website, you will indemnify, defend, and hold harmless Dreamy Vibe Designs, its officers, directors, employees, agents, licensors, and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Website or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account. 

14. Choice of law and jurisdiction

These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Florida, U.S.A., applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

15. General Provisions

(i) Severability

If any provision of these Terms is determined by a court to be invalid, void, or unenforceable, the Parties agree that the remaining provisions of this Agreement will not be affected thereby and that this Agreement will, in any event, otherwise remain valid and enforceable.

(ii) Waiver
No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce any of the provisions of this Agreement at any time will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that we will pursue legal actions against all breaches of this Agreement.

(iii) Force Majeure

Notwithstanding the other provisions of this Agreement, if Dreamy Vibe Designs is in good faith prevented from performing its obligations under this Agreement because of an event beyond its control, including without limitation, any act or omission of our third-party partners, war (declared or undeclared), acts of God, terrorism, earthquake, accident, explosion, fire, flood or pandemic, Dreamy Vibe Designs will be relieved from performing its obligations provided that, it will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.

16. Contact Us

For feedback, comments, requests for technical support, and other communications relating to the website and services, please contact us at support@dreamyvibedesigns.com.