Terms and Conditions

Terms and Conditions

Effective July 15, 2018

We know you’ll love the cute file designs created by Swanky Rex. When you purchase and download products from Swanky Rex LLC, you are agreeing to our licensing Terms and Conditions (“Terms”), as detailed below.

Our designs are licensed for personal use only. You may cut or print purchased designs using any medium to create your own finished product, and you may use purchased designs to create an unlimited number of finished products for personal use. The license is not transferable to anyone.

We work very hard to design our files, and by paying for the file, you help keep prices low for everyone.

1. Terms

By accessing the website at https://swankyrex.com, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to download paid copies of the materials (information, designs or software) on Swanky Rex LLC’s website for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:

a) Use the materials for any commercial purpose, or for any public display, including but not limited to uploading or sharing designs to any online platform, including websites and social media (commercial or non-commercial)
b) Attempt to decompile or reverse engineer any software contained on Swanky Rex LLC’s website
c) Remove any copyright or other proprietary notations from the materials
d) Transfer the materials to another person or “mirror” the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Swanky Rex LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Swanky Rex LLC’s website are provided on an ‘as is’ basis. Swanky Rex LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Swanky Rex LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Accuracy of Materials

The materials appearing on Swanky Rex LLC’s website could include technical, typographical, or photographic errors. Swanky Rex LLC does not warrant that any of the materials on its website are accurate, complete or current. Swanky Rex LLC may make changes to the materials contained on its website at any time without notice. However Swanky Rex LLC does not make any commitment to update the materials.

5. Return & Refunds Policy

All sales are final and no returns will be accepted. Please contact brittany@swankyrex.com if you are unhappy with a product and would like to request a refund.

6. Prohibited Activities

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the website, you agree not to:

a) Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
b) Make any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
c) Use the website to advertise or offer to sell goods and services.
d) Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and/or the content contained therein.
e) Engage in unauthorized framing of or linking to the website.
f) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user IDs and passwords.
g) Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
h) Use any information obtained from the website in order to harass, abuse or harm another person.
i) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website or the designs hosted on it.
j) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website.
k) Use the website in a manner inconsistent with any applicable laws or regulations.

7. Links

Swanky Rex LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Swanky Rex LLC of the site. Use of any such linked website is at the user’s own risk.

8. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy located at https://swankyrex.com/privacy. By using the website you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

Please be advised the website is hosted in the United States. If you access the website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the website as quickly as is reasonably practical.

9. Modifications

Swanky Rex LLC may revise these Terms for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of Washington and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

11. Limitations of Liability

In no event shall Swanky Rex LLC, our directors, employees, agents or suppliers, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us or $50.00 USD. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

12. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

13. Contact Us

In order to resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at: