ESANO Website Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Esano, L.L.C. ("Company," "we," or "us"). The following terms and conditions, together with any documents incorporated by reference (collectively, "Terms of Use"), govern your access to and use of www.esano.com including any content, functionality, Products and services offered on or through www.esano.com (the "Website"), whether as a guest, purchaser, or Retailer, unless otherwise indicated.
Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, DMCA Policy, and Terms and Conditions for Online Sales, incorporated herein by reference. If you are a Retailer, you also agree to our Retailer Terms and Conditions, incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use 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 Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or Product we provide on the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time. From time to time, we may restrict user access to some parts of the Website or the entire Website.
You are responsible for both making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and/or these Terms of Use.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial (except in the case of Retailers) use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you have made a purchase of any products, and then, only for non-resale purposes.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services, products, or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company or appropriate licensors. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that is inappropriate, as determined in Our sole discretion.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. Further, you represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all Products and services available through the Website, including User Contributions and use of Interactive Services. All such Products, services, User Contributions, and Interactive Services must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, the same must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless as a Retailer authorized by us.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any services, Products, User Contributions, or Interactive Services violate your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. It is our policy to comply with all applicable IP laws and terminate user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users and Retailers, third-party licensors, syndicators, and/or aggregators. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, including Retailers.
Online Purchase Terms and Conditions
All purchases through our Website or other transactions for the sale of Products carried out through the Website, or resulting from visits made by you, are governed by our Terms and Conditions for Online Sales, incorporated by reference.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of relationship (other than as marketplace venue for Retailers’ Products), approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, including Retailer websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of Oklahoma in the United States. We provide this Website for use only by persons located in the United States and its territories. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or its territories. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that Products or services available for downloading from the internet or the Website will be free of viruses or other destructive code or will function as intended. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY PURCHASES, MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, PRODUCTS, OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, 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 ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IF AN ACTION IS NOT SUBJECT TO THE FOREGOING, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO THE COMPANYIN THE LAST SIX MONTHS FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, 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 attorneys' fees) arising out of or relating to your violation of these Terms of Use, including all documents incorporated herein by reference, or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law, Jurisdiction, and JURY TRIAL WAIVER
All matters relating to the Website and these Terms of Use, including any document incorporated herein by reference, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Oklahoma or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, including any document incorporated herein by reference, or the Website or your use of the Website shall be instituted exclusively in the District Court of Oklahoma County, State of Oklahoma. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, INCLUDING DOCUMENTS INCORPORATED HEREIN BY REFERENCE, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
BY USING THIS WEBSITE IN ANY WAY, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE, INCLUDING DOCUMENTS INCORPORATED HEREIN BY REFERENCE, OR THE WEBSITE SHALL BE TRIED TO A BENCH AND NOT A JURY.
In the event we are obligated to defend or pursue a claim that arises out of or relates to the Website or these Terms of Use, including any document incorporated herein by reference, you shall be responsible for our reasonable attorney fees, costs, and expert witness expenses in the event we prevail.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use 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 Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use, including all documents incorporated herein by reference, as applicable, constitute the sole and entire agreement between you and us regarding the Website and use thereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and the use thereof. In the event of a conflict between the language of these Terms of Use and a document incorporated by reference, the document incorporated by reference shall take precedence in interpretation.
Your Comments and Concerns
This website is operated by ESANO, L.L.C. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to customerservice@esano.com
Last Modified: 10/8/2026
TERMS AND CONDITIONS FOR ONLINE SALES
These terms and conditions apply to the purchase of products through our Website. Our Website serves as a marketplace and venue for sales by independent third-party shops (“Retailers”) of digital files and other goods and/or services (“Products”). These terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes will be in effect as of the "Last Updated Date" referenced on the Website. You should review these terms before purchasing any Products that are available through this Website. Further, our Terms of Use also govern these Terms and Conditions for Online Sales, and in the event of a conflict, these Terms and Conditions for Online Sales shall apply.
1. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these terms, all Products listed in your order from the specified Retailer. All orders must be accepted by the Retailer or we will not be obligated to ensure the products are provided to you. Once accepted, you are unable to cancel your order.
2. Prices and Payment Terms.
- (a)
All prices, discounts, and promotions posted on this Website are subject to change without notice as the same are determined by the Retailers. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes, but the same will be reflected at check-out. All such taxes and other applicable charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email.
- (b)
We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these terms. If there is a conflict between the terms for a promotion and these terms, the promotion terms will govern.
- (c)
We use Stripe to process all payments, and the same will be reflected at check-out. When making a payment, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
3. Delivery and Refunds.
- (a)
For ready-made downloads, request a voluntary refund within seven (7) days of purchase through Purchases in your Esano account. If you checked out as a guest, create an account or sign in with the email you used at checkout; your guest orders then appear in Purchases. Your order link works for anyone who has it, so keep it private; opening a newly requested link turns off the older ones. Duplicate charges and orders with no usable delivery are covered. For corrupt files, missing included files, or a material mismatch with the listing, the seller has up to three (3) calendar days to fix the problem; if it remains unresolved, the affected item is refundable. Change of mind, including before download, is not covered by this voluntary policy. Mandatory consumer rights still apply.
- (b)
Refund requests go to the seller first. The seller has three (3) calendar days to refund, fix the problem, or decline with a reason. If the seller declines, you may ask Esano to decide within three (3) calendar days of the seller’s decline; otherwise the request closes. If the seller does not answer within its three (3) days, you may ask Esano to decide. Esano records a decision within five (5) calendar days. The affected payout is paused until the request is settled. Sellers may refund voluntarily for up to thirty (30) days after the sale. Whole-item refunds return the applicable item tax, revoke access to the refunded files, and leave existing reviews published. Item-by-item refunds leave the other items available.
- (c)
Custom work begins only when the seller records an actual start notice through Esano after payment and agreement on the brief. The notice cannot be backdated or generated merely by payment. Before that notice, the buyer may cancel for a full refund. Afterward, the full agreed quote remains payable for a buyer’s change of mind, subject to mandatory rights. Seller cancellation requires a full refund. If the agreed delivery date passes, the seller has three (3) calendar days to deliver unless the buyer agrees to a new date; otherwise the order is refundable. Work materially outside the brief has a three (3) calendar-day repair period, or a specific repair deadline expressly agreed by the buyer; unresolved failure is refundable. A buyer may explicitly accept a partial refund and keep usable work. Artistic preference alone is not a material failure when the agreed brief was met.
- (d)
A custom order’s seven (7) day voluntary request window starts when the agreed final files are delivered and accessible. Payment, previews, unusable placeholders, and a completion status alone do not start it. Non-delivery can be reported before then regardless of payment age. The separate fourteen (14) day payout hold begins at accessible final delivery and is never shortened by buyer approval. These deadlines and any policy acceptance do not remove mandatory remedies. Contact customerservice@esano.com if your applicable rights require review outside the voluntary window.
Checkout is in USD and accepts only US-issued cards at launch. Paid items across all shops must total at least $3 before tax and checkout fees; free items do not count toward the minimum and can be claimed separately. Free-only downloads require no card payment.
4. Warranty and Disclaimers.
- (a)
We do not design, write, manufacture, or control any of the Products offered on our Website. The availability of Products through our Website does not indicate an affiliation with or endorsement of any Product or Retailer. Accordingly, we do not provide any warranties with respect to the Products offered through our Website.
- (b)
ALL PRODUCTS OFFERED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
- (c)
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR OTHER CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE RETAILER’S FAILURE TO HONOR ITS OBLIGATIONS TO YOU.
5. Goods Not for Resale or Export.
You represent and warrant that you are buying Products through the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States and its territories.
6. WAIVER OF CLASS ACTION RIGHTS.
YOU AND ESANO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. ALL CLAIMS SHALL BE TRIED ON A SINGULAR BASIS TO THE BENCH.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY A BENCH TRIAL.
7. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
8. Attorney Fees and Costs.
In the event we are obligated to defend or pursue any claim or cause of action arising out of or relating to these Terms, you agree that in the event we prevail, you are obligated to pay our reasonable attorney fees, costs, and expert witness fees.
Last Updated: 9/28/2026
RETAILER TERMS AND CONDITIONS
Upon your acceptance by us for you to serve as a retailer (“Retailer”) who may sell digital files or other products or services (“Products”) via our Website, you agree to be bound by these Retailer Terms and Conditions, and DMCA Policy, in addition to the Terms of Use, which incorporates these terms, as well as others. In the event of a conflict between these Retailer Terms and Conditions and the Terms of Use, these Retailer Terms and Conditions shall control.
1. Authorization to Distribute Products.
During the Term and subject to your continued compliance with the Terms of Use, we will permit Retailer to distribute Products through our Website.
2. Compliance with Laws.
Retailers must maintain a high standard of client service, Product quality, as determined by us in our sole discretion, and cooperate with prompt responses to customer inquiries and/or disputes, including inquiries from us. Retailers must abide by our DMCA Policy, and Retailers acknowledge and affirm that we serve as an online marketplace and venue for Retailers to sell their Products, but do not control Retailers and the Products they offer for sale.
3. Licenses; Ownership; Reservation of Rights.
During the Term, Retailer grants a limited, nonexclusive, royalty free, nontransferable right and license for us to use Retailer’s images and descriptions of Products, and all of Retailer’s marks for the purposes of distributing or promoting the Products. Retailer owns all right, title, and interest in and to the Products and Product images, as well as descriptions and marks.
4. Representations and Warranties of Parties.
Each Party represents and warrants to the other Party that: (i) such Party has the full right or corporate right, power, and authority to enter into this agreement and to perform the acts required hereunder; (ii) such Party owns the rights necessary to grant the licenses and fulfill its obligations under this agreement; (iii) the execution of this agreement by such Party, and the performance by such Party of its obligations and duties hereunder, do not and will not violate any agreement to which such Party is bound; and (iv) this agreement constitutes the legal valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms.
5. Representations and Warranties of Retailer.
Retailer represents and warrants that all Products offered by Retailer are Products that are owned by Retailer and for which Retailer has the right to sell or that the Retailer has the appropriate intellectual property licenses to sell the Products without further approval by any third party. Retailer is located within the United States of America or its territories. Retailer further represents and warrants that it shall abide by any DMCA take-down notices or other requests made by us.
6. Indemnification.
Retailer hereby agrees to indemnify, defend, and hold us, our officers, directors, affiliates, subsidiaries, and agents harmless from and against any and all claims, demands, actions, costs, liabilities and losses (including reasonable attorney's fees) arising out of or relating to the Retailer’s breach of its obligations, including but not limited to any actual or alleged infringement of the intellectual property rights of any third party. When we seek indemnification as an indemnified party, we shall promptly notify Retailer of the claim with respect to which we are seeking indemnification and Retailer shall (i) provide reasonable co-operation to us in connection with the defense or settlement of any such claim; and (ii) be entitled, at its sole cost and expense, to participate in the defense of any such claim. Retailer agrees that we shall have sole and exclusive control over the defense and settlement of any such third-party claim.
7. Term and Termination.
Our relationship is terminable at-will by either party for any reason; therefore, all Esano policies must be followed until the relationship is terminated (the “Term”). In order to effectuate termination, you must email us at: customerservice@esano.com. If we elect to terminate you as a Retailer, we shall provide you with e-mail notification. When either party gives notice of termination, or we suspend or ban a Retailer, new sales close immediately and undelivered orders are refunded or otherwise resolved. We may hold back only the amount reasonably needed for documented financial exposure, such as refunds, disputes and chargebacks that are open or may still be filed, measured from the latest of the last payment, promised delivery or actual delivery for your Products. We review that held amount no later than one hundred twenty (120) days after that date, and we keep any part of it after the review only while it is tied to an open case and only where permitted. Revenue we hold beyond the documented exposure is paid under the regular payout schedule in Section 9. Closure payouts are not subject to the $25 minimum. When the final amount to pay you is less than $25, it is sent without deducting Stripe’s fees for paying you, which we pay; a larger final payout remains subject to the deductions in Section 9. Every closure payout remains subject to our payment provider’s minimum. Termination does not cancel amounts you owe, refund obligations or records. If your shop closes before an annual tax-form filing cost has been recovered, we absorb the unrecovered remainder.
8. Remedies and Limitation of Liability.
- (a)
Breach; Equitable Relief. We shall not be liable to Retailer, its employees, agents, or any third party for injuries/damages or breach of warranty arising from any defect in the Products. Further, any party aggrieved by a breach of the provisions hereof shall have the right to specific performance and/or injunctive relief, or any other available equitable remedy, as well as monetary damages and any other appropriate relief in law or in equity which may be granted by any court which would have lawful jurisdiction over the matter. Such remedies shall be cumulative and not exclusive and shall be in addition to any other remedy that the Parties may have.
- (b)
DISCLAIMER OF WARRANTIES. ESANO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE WEBSITE OR ANY FUNCTIONALITY OF THE WEBSITE SHALL BE FUNCTIONAL FOR ANY PARTICULAR PERIOD OF TIME.
- (c)
WE shall NOT be liable to YOU for any special, indirect, incidental or consequential damages including, without limitation, damages for lost profits, or costs of procurement of substitute goods or services, arising out of or relating to Retailer’s use and activities through the WEBSite.
- (d)
In the event we are obligated to defend or pursue a claim or cause of action arising out of or relating to this Agreement, you agree that in the event we prevail, you shall be obligated to pay our reasonable attorney fees, costs, and expert expenses.
9. Payment Process.
Seller earnings have a rolling fourteen (14) day hold after payment for ready-made downloads, and after accessible final delivery for custom work. Buyer approval never shortens this hold.
Schedule. Bank payouts run every other Friday, starting October 23, 2026 (then November 6, 2026, November 20, 2026 and every fourteen (14) days after). Earnings that are eligible by 12:00 a.m. America/Chicago time on a payout Friday are included in that payout. If a payout cannot be sent on its Friday, it is sent on the first later day it can be, before the next payout Friday. A payout requires at least $25 to send after deductions, including the payment provider fees for that payout, subject to the closure and inactivity exceptions. Bank arrival follows our payment provider’s estimate. A transfer to a Stripe balance is not a bank payout.
Fees. Esano retains a platform fee of 20% of each item price and pays card processing and sales-tax calculation fees out of it. Stripe’s fees for paying you, $2 for each calendar month in which you receive a payout plus 0.25% + 25¢ per payout, are deducted from that payout at Stripe’s cost, without markup, and itemized. A fee for a failed or returned payout is deducted only when incorrect bank details you provided caused it; otherwise Esano pays it. The actual cost of filing your annual tax form (Form 1099-K) is deducted from your next payout without taking that payout below zero; any remainder carries to later payouts until recovered.
Holds. An open refund request, dispute, unresolved refund made outside Esano or open review of an order holds only the affected amounts: the amount at stake on that order, plus any dispute fee allocated to you. The rest of your eligible balance is paid on schedule. A review that concerns your whole shop, or an unexplained movement of funds out of Esano’s payment account, may pause payouts until it is resolved.
Refunds, disputes and amounts owed. Esano retains its 20% platform fee on approved refunds; the shop funds the refunded purchase principal and Esano absorbs nonreturned card processing fees. If a dispute is lost, the shop funds the disputed principal and its proportional share of the dispute fee; if a dispute is won, Esano absorbs the dispute fee. If refunds, lost disputes or fees exceed your balance, the difference is recorded as an amount you owe Esano. We tell you the amount and the reason, and we offset it against your future earnings before any bank payout. We do not debit your bank account for it. If an amount is still owed after thirty (30) days, new paid sales are paused until it is repaid or a payment plan is agreed; buyers keep access to files they already bought.
10. Establishment of Account.
In order to facilitate payment to you, we must authorize you as a Retailer. In order to do so, among other things, we will need your first name, last name, tax ID number for 1099-K reporting, as well as a valid and maintained email address for relevant communications. ALL NOTICES TO YOU WILL BE THROUGH THIS EMAIL AND THEREFORE IT IS YOUR DUTY TO MAINTAIN AND MONITOR THE SAME. Retailers will also be asked to connect to your Stripe account.
11. Upload and Renewal Fees.
Opening and running a shop is free, with no monthly subscription, listing fee, expiry, or renewal fee. A listing license may be free ($0) or at least $1. Personal licenses are capped at $1,000, commercial at $5,000, and extended at $10,000; commercial cannot be cheaper than personal. Sellers receive at least fourteen (14) days’ notice before any platform fee changes.
12. Content Standards.
For the avoidance of doubt, Retailers are obligated to abide by the Content Standards as set forth in our Website Terms of Use for any and all Products sold or engagements with users.
13. Recoupment.
In the event a payment to a Retailer is inadvertently or incorrectly made, or if Retailer retains funds that ultimately should be refunded to a customer, as determined by us in our sole discretion, we reserve the right to reimburse the customer and seek recoupment from you, even if payment has already been made to you.
14. No Relationship.
We serve as a marketplace and venue for Retailers to offer and sell their Products; and therefore, by accepting these terms, you acknowledge and agree that no agency, partnership, joint venture, or other relationship is created between you and us except for that of independent contractors.
15. Fee Forfeiture.
In the event we remove any Retailer’s Products for any reason, any and all fees received by Esano shall be retained by Esano and forfeited by Retailer.
Last Updated: 10/3/2026
DMCA POLICY
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We simply serve as a marketplace and venue for independent third-party Retailers to offer Products. However, we will not tolerate copyright infringement, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Collin R. Walke HALL ESTILL 100 N. Broadway, Suite 2900
Oklahoma City, Oklahoma 73102 (405) 553-2322
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Last Updated: 7/6/2025