Welcome to Presethive
We are Presethive and welcome to presethive.com, a subscription service for Presets, Actions, etc. created and redistributed under the GPL (General Public License) license by designers from around the world. When we say ‘we’, ‘us’ or ‘our’ we are referring to Presethive located at https://www.presethive.com
When you create an account and accept these terms you become a member of our community. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them.
You need to be 18 years or over to become a Subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
You promise that the information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your subscription is not transferrable. You are responsible for any use of Presethive that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.
There is no refund policy since Presethive offers products that can be downloaded.
The nature of digital assets means that items are provided “as is”, with no implied warranty that they will function exactly as you wish or with all third-party components and apps. We are unable to provide technical support for the downloads. Third-party items provided are supported by their designers and not by Presethive. Please review the support terms provided by the designers of items before purchasing it from us.
Our support is limited to billing and/or technical inquiries regarding the presethive.com website only.
When you sign up you are charged on a recurring basis (monthly or annually) until you cancel, which you can do at any time. If you cancel your subscription then at its expiry you will no longer receive updates for any items you downloaded from Presethive unless you renew your subscription.
You can nonetheless continue to use the items as per the terms of the GPL license.
Fair play and conduct
Your use of Presethive including the items must comply with our policies from time to time including any fair use policy.
Being a Subscriber is not an automatic right, it is a benefit for those who follow our reasonable rules. We hope that you will be with us for a long time. But we may use reasonable discretion, decide whether or not your use of Presethive complies with these terms.
We can suspend or terminate your subscription account at any time for any reason (acting reasonably of course) including:
a. if you breach these terms;
b. if you act in a way that does not align with the values of our community; or
c. if you act in a way that could cause us or others harm.
If we do decide to permanently terminate your Presethive account you must not apply for a new account as unfortunately, you will no longer be welcome.
No refunds will be provided to customers who have their accounts terminated. Examples of reasons for termination may include:
a. Abusive behavior and/or excessive negativity towards our staff and/or other customers;
b. Repeated defamatory, malicious, and/or false statements including slander against us, and/or attempts to persuade potential customers away from purchasing our items;
c. Attempting to circumvent our fair use policy (see below)
Fair Use Policy
We operate a fair use of download policy. Subscribers can download 20 items per day. Attempts to download a large number of items at once or circumvent the policy in any way may lead to account suspension and/or termination.
Membership and/or Price Changes
We do not promise that any particular item will continue to be available on our website. We reserve the right at any time to modify or discontinue all or part of the downloads with or without notice. Further, we may add new downloads with or without notice. Prices of any items are subject to change at any time by posting the changes to our website.
We have not reviewed all of the sites linked to this website and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us.
Trademark, Copyright and IP claims
We respect the intellectual property rights of others. If you believe that an item or content on Presethive infringes upon any intellectual property right then please see the information in our copyright policy.
Liability and Indemnity
You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to use of Presethive or any item or service.
Presethive and the items on the website are made available to you on an “AS IS” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
Our liability to you in connection with Presethive or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
Our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
We strive to have Presethive available to you 24 hours a day, 7 days a week but you know how the internet works: occasionally you might not be able to access Presethive, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion.
We might also change aspects of how Presethive works, including the kinds of items available on our site. We will not be liable to you for any loss you suffer as a result of these things.
If you’re agreeing to these terms on behalf of someone else then you’re promising to us that you have the full legal authority to bind that third party. Remember that only real people can subscribe to Presethive.
In some places, there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an item in violation of any export laws that apply to you.
Blocking you, disabling your subscription or refusing to process a payment
We may block you, terminate your subscription or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do these include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, or the European Member States); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice. As our site is global, there are different laws that may apply and these may restrict our relationship with you.
Relationship between the parties
Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
Any notice you send us must be submitted via email. Any notice we send to you will be emailed to the email address you provided to us.
Changes to these terms
We may change these terms at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes.
You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment then you may, upon demonstrating that detriment to us, cancel your subscription in accordance with section 7 above.
However, if you continue to use Presethive after the changes are made, then you will be agreeing to the changes regardless of the amount of time that has elapsed.
Whether a change has a material effect on you to your detriment depends on the nature of the change and your particular circumstances. For example, a change that causes you to incur increased transaction fees, or which removes an entire category of items, could have a material effect on the amount of value you get out of our website.
The removal of individual items or a minor clarifying change to the terms will not typically have a material effect on you to your detriment.
Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
Last Update: 18 April 2020