Terms of Service
Updated: April 09, 2025
1. Acceptance of Terms
This website is operated by Marsa Art LLC. Throughout the site, the terms “we”, “us” and “our” refer to Marsa Art LLC. By accessing or using our website, purchasing our products, or using our services, you agree to comply with and be bound by these Terms of Service ("Terms") including those additional terms and conditions and policies referenced here in 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. If you do not agree to these Terms, please do not use our site or services.
By using our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2. Changes to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Any changes to these Terms will become effective immediately upon being posted on this site. Your continued use of our site or services after any changes indicates your acceptance of the modified Terms.
3. Products and Services
3.1 Product Description: We offer digital products including, but not limited to brushes, textures for various design software. We also offer guides, tutorials and courses.
3.2 License: By purchasing our products, you are granted a license for both commercial and personal use, subject to the terms outlined on our License Agreement page. This license does not transfer ownership of the intellectual property.
3.3 Restrictions: Use of our products in work that depicts racism, pornography, or hateful rhetoric is strictly prohibited.
3.4 Updates: We may update our digital products at our discretion. There is no guarantee that any product will be updated. For existing products, customers who have purchased a license will receive free updates. Updates do not include new products with new names that we deem significantly different, nor do they include products added to a bundle after purchase.
3.5 Digital Stamp: Our digital products may include a digital stamp with the customer's name and transaction number to prevent unauthorized sharing. By purchasing our products, you consent to this practice.
4. Pricing and Payment
4.1 Prices: All prices are subject to change without notice. We reserve the right to modify or discontinue any product or service without notice.
4.2 Payment: We accept Visa, Mastercard, American Express, and Discover. All payments are processed securely via PayPal or Stripe, and are due at the time of purchase.
5. Refund Policy
Due to the nature of digital products, all sales are final and non-refundable. Please ensure you review your purchase carefully before completing your order. We do not offer refunds for any digital products, including, but not limited to, brushes, guides, or courses.
6. User Accounts
6.1 Account Creation: You may need to create an account to access certain features of our site or services. You are responsible for maintaining the confidentiality of your account information.
6.2 Age Restriction: You must be 18 years or older to purchase from our site. If you are under 18, you must have an adult (18 years or older) assist you with your purchase. In certain jurisdictions, local laws may require a different age limit, in which case, the applicable age restriction will apply.
6.3 Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, particularly in cases of fraudulent activity, payment disputes, or violation of these Terms. We may retain account information for legal purposes in such cases. If your account is suspended or terminated, you will lose access to your account, including any previously purchased products.
7. User-Generated Content
7.1 Ownership: Customers may upload and share their work when submitting a review. Customers retain all rights to their uploaded work.
7.2 License to Us: By uploading content, you grant us a non-exclusive, worldwide, royalty-free, and perpetual license to use such content in our marketing materials, including but not limited to promotional content, newsletters, advertisements, and social media posts. This license is granted without any compensation to you, and it applies to all forms and media, now known or hereafter developed.
8. Intellectual Property
8.1 Our IP: All content on this site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected by international copyright laws.
8.2 Your Use: You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site without our prior written permission.
9. Limitation of Liability
To the fullest extent permitted by applicable law, our liability for any claims relating to your use of our products or services shall be limited to the amount you paid for the specific product or service giving rise to such claim. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless Marsa Art LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
11. Disclaimers
Our site and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. We disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Philadelphia County, Pennsylvania for any actions for which we retain the right to seek injunctive or other equitable relief.
13. Dispute Resolution
Any dispute arising from these Terms will be resolved through binding arbitration in Philadelphia County, Pennsylvania, conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
14. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks, or malicious acts (including attacks on the Internet or through any Internet service provider, telecommunications, or hosting facility), and any loss of data or file corruption due to technical failures.
15. Entire Agreement
These Terms constitute the entire agreement between us regarding our services and supersede and replace any prior agreements we might have had between us regarding the services.
16. Contact Information
If you have any questions about these Terms, please contact us at support@marsaarts.com.