1 ABOUT THESE TERMS
1.1 These terms apply to your access and/or use of Davies Designs Studservices, whether on your computer, on a mobile device, on our website www.daviesdesigns.net (the "Website") or any other website, device or platform (each a "Service" and together the "Services"). These terms also apply to any other services that we may provide in relation to the Services or Website, such as customer support, social media, community channels, online shopping sites such as our online store, online photography galleries and other websites that we may operate from time to time such as those of our clients (we refer to all our other design services collectively as the "Services" in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.
1.2 If you do not agree to these terms or any future updated version of them it may be deemed difficult to conduct business, hence you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future updates to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
1.3 FOR RESIDENTS IN THE USA: If you are a resident of the United States of America, then these terms represent a legal agreement between you and Davies Designs whose correspondence email address is firstname.lastname@example.org.
1.4 FOR RESIDENTS OUTSIDE THE USA: If you are a resident outside of the United States of America, these terms represent a legal agreement between you and Davies Designs whose correspondence email address is email@example.com.
1.5 In these terms references to "Davies Designs," "we," "us," and "our" are references to Davies Designs as the company of which your legal agreement is with as specified in paragraphs 1.3 and 1.4 above.
1.7 When using our services, you agree that you are at least 13 years old and that if you are between 13 years and 18 years of age, your legal guardian has reviewed and agrees to these terms and has consented to your access and/or use of our Services.
1.8 You can access the latest version of these terms at any time at daviesdesigns.net/terms-conditions. We can make changes to these terms at any time in accordance with paragraph 15 below and, except in relation to any amendment to paragraph 20 (Binding Arbitration and Class Action Waiver) below, your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.
2 ABOUT ACCESSING AND USING OUR SERVICES
2.1 Davies Designs offers a variety of Services including, but not limited to, Web Design & Maintenance, Graphic Design, Free Tools & Resources, Digital Goods available in our online stores and Photography Services. Each service is governed by the Terms and Conditions set forth here, but may also include a separate legal agreement signed at the time of Service such as Photography Model Releases, Project Proposal Agreements, Statements of Work and/or Non-disclosure Agreements.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing or using our Services (e.g., downloading photos from an online album/gallery from your recent photography session and/or the internet connection required for a website we designed for you). You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2.4 When there's something we need to tell you about a Service you use, we'll send you a Service notification. In most cases, service notifications will be sent via email. To update your email, please contact us at firstname.lastname@example.org.
2.5 If your Services are canceled (whether by you or by us), first your right to access the Services stops immediately and your license(s) to the related Services ends. Second, we'll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your Davies Designs account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or your Content stored on those Services). You should have a regular backup plan. Third, you may lose access to products you've acquired.
3.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.
3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account (e.g., Wix Website Management Tools).
3.3. In these terms, references to "log in details" or "account" include your log in details and account for any social network or platform that you may allow our Services to interact with (e.g., logging into our "Free Resources" or "Business Packages" pages with your Facebook or Google Account).
3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
3.6 We reserve the right to delete your account if no activity is conducted by you, including payments made by agreed upon payment plan, in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use Services associated with your account and no refund will be offered to you in relation to the same.
3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, access to photos in an online gallery or transaction records included as part of your website).
3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
3.9 Your account is personal to you and you are not entitled to transfer your account to any other person.
4 DIGITAL GOODS
4.1 Our website and web design services may include digital goods such as instant digital prints or photography, photography downloads available for purchase, and/or branding/marketing tools available as free downloads ("Digital Goods"), items or services for use or as part of a paid subscription such as email boxes, Wix yearly subscriptions, and/or domain licenses ("Subscriptions"). You agree that once purchased, due to the instant delivery of these Digital Goods, they are non-refundable. You further agree that Digital Goods are non-transferable to anyone else and you will not attempt to sell, modify, and will not transfer or attempt to transfer Digital Goods and/or Subscriptions to anyone else.
4.2 You do not own Digital Goods and/or Subscriptions, but instead you purchase a limited personal revocable license to use them unless otherwise agreed upon (e.g., request for commercial license, official website change of ownership). The Digital Goods are only for your personal, noncommercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods are owned by Davies Designs. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms, copyright law, and the Usage Rules associated with Digital Goods at the time of purchase. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. Davies Designs may, from time to time, remove Digital Goods from the Services without notice.
4.3 You agree that all sales by us to you of Digital Goods are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the subscription period. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Digital Goods from us, you acknowledge and agree that we will begin the provision of the Digital Goods to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a "purchase" is complete at the time our servers validate your purchase and the applicable Digital Goods are successfully credited to your account on our servers.
4.4 In the event you lose Digital Goods due to device malfunction or otherwise, we may not be able to restore Digital Goods associated with your purchase. Accordingly:
• any risk of loss of Digital Goods you purchase from us is transferred to you upon completion of the purchase as described in 4.3 above;
• any risk of loss of Digital Goods you receive from us without making a purchase is transferred to you at the time the Digital Goods are successfully credited to your account on our servers; and
• any risk of loss of other data associated with your Digital Goods is transferred to you immediately at the time such Digital Goods data is generated (e.g., automatically delivered via email).
4.5 The data associated with Digital Goods, whether purchased by you or otherwise credited or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected via a social network account or Davies Designs account. Accordingly, any risk of loss of this data is transferred to you (i) in the case of Digital Goods which you purchase from us, upon completion of the purchase as described in paragraph 4.3 above; and/or (ii) in other cases (including Subscriptions) at the time the Digital Goods are credited or awarded to you.
4.6 If you live in the European Union, we will provide you with an invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
4.7 We reserve the right to control, regulate, change or remove any Digital Goods and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
4.8 We may revise the pricing for Digital Goods and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate. We may limit the total amount of Digital Goods or Subscriptions that may be purchased at any one time, and/or limit the total amount of Digital Goods or Subscriptions that may be held in your account in the aggregate. You are only allowed to obtain our Digital Goods and Subscriptions from us or our authorized partners through the Services, and not in any other way.
4.9 Depending on your platform, any Digital Goods and/or Subscriptions purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement (e.g., purchases made via our Etsy shop, subscriptions purchased through Wix). Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase.
4.10 Without limiting paragraphs 3.7, 4.4, or 6.1 if we suspend or terminate your account in accordance with these terms, you may lose Digital Goods and/or active Subscriptions (see paragraph 4.12) that you may have and we will not compensate you for this loss or make any refund to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.
4.11 The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, carrier billing and Stripe only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase.
4.12 Payment for a Subscription will be charged to your account at the point of purchase and for renewals will be taken and/or billed within 30 days of the expiry of the then-current Subscription period. Your Subscription will automatically renew on a yearly basis unless otherwise specified and/or agreed upon via a separate contract. Your subscription is linked to your account and cannot be transferred between accounts. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.
5 USER CONDUCT AND CONTENT
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user ("Content"). You understand and agree that all Content that you may be sent when using our Services, whether publicly or privately sent, is the sole responsibility or the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
• that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
• that is or could be reasonably viewed as invasive of another's privacy;
• that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
• which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
• which infringes any intellectual property right or other proprietary right of others;
• which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation; or
• which contains software viruses or another computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You agree you will not:
• use our Services to harm anyone or cause offence to or harass any person;
• create more than one account per platform to access our Services;
• use another person or entity's email address in order to sign up to use our Services;
• use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
• disguise, anonymize or hide your IP address or the source of any Content that you may upload;
• use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
• remove or amend any proprietary notices or other ownership information from our Digital Goods or any other part of our Services;
• interfere with or disrupt our Services or servers or networks that provide our Services;
• attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
• 'harvest,' 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
• sell, transfer or try to sell or transfer an account with us or any part of an account, Digital Goods and/or Subscriptions;
• disobey any requirements or regulations of any network connected to our Services;
• use our Services in violation of any applicable law or regulation;
• use our Services in any other way not permitted by these terms.
If you are concerned or become aware of someone else not complying with any part of these terms, please contact us here: email@example.com
5.6 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
5.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking in doing so
5.8 You are solely responsible for your interactions with others while using our Services.
6 YOUR BREACH OF THESE TERMS
6.1 Without limiting any other remedies or any other paragraphs of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
• delete, suspend and/or modify your account or parts of your account;
• otherwise suspend and/or terminate your access to our Services;
• modify and/or remove any credits associated with your account
• revoke any licenses granted as part of a purchase of Digital Goods or Subscriptions
• reset and/or modify any benefits or privileges associated with your account
Without limitation, any breaches of paragraphs 4.1, 4.8, 5.4, or 5.5 are likely to be considered material breaches.
6.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
7 AVAILABILITY OF SERVICES
7(A) For residents of the United States: We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, include for example, ceasing to provide web design services for economic reasons due to associated costs over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY RISK AND ALL RISK OR LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
7(B) For residents outside the United States: Subject to the next sentence, we do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Digital Goods and/or Subscriptions or any other part of our Services which reflect a verified/successful purchase, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services where a successful purchase has been verified). We make no warranty or representation regarding the availability of the Services which are provided free of charge and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to pricing increases over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control. If such circumstances results in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are verified as paid purchases in our sole discretion upon reasonable notice to you.
8 FOR RESIDENTS OF THE UNITED STATES - LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF ANY OF OUR SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE DIGITAL GOODS OR SUBSCRIPTIONS OR ANY OTHER PART OF OUR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
9 FOR RESIDENTS OUTSIDE THE UNITED STATES - LIMITATION OF LIABILITY
9.1 We are not responsible for:
• losses or harm not caused by our breach of these terms or negligence;
• losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
• any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services;
• any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
• technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
9.2 Subject to paragraph 9.3 below and unless otherwise specified in these terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.
9.3 Any additional legal rights which you may have as a consumer remain unaffected by these terms.
10 INTELLECTUAL PROPERTY
10.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by you) is owned by or licensed to us.
10.2 While you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Services (but not any related object or source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update which we may release or make available for any of the Services and any such update shall be deemed part of the Services for the purposes of these terms.
10.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, DIGITAL GOODS OR SUBSCRIPTIONS UNLESS OTHERWISE AGREED UPON IN WRITING. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
10.4 In particular, and without limiting the application of paragraph 10.3, you must not make use or available any technological measures designed to control access to, or elements of, our Services, including providing access to Digital Goods and/or Subscriptions, whether on a free of charge basis or otherwise.
10.5 By submitting Content (as defined by paragraph 5.3) via our Services you:
• are representing that you are fully entitled to do so;
• grant us the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
• acknowledge that you may have what are known as "moral rights" in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
• agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action on your behalf.
10.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed upon by someone else over the internet, you may contact us by emailing the following information to firstname.lastname@example.org:
• a description of the intellectual property rights and an explanation as to how they have been infringed;
• a description of where the infringing material is located;
• your address, phone number and email address;
• a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
11.1 The data controlled for all personally identifiable information on personal data that we collect about you through or in relation to our Services is Davies Designs.
11.3 This paragraph 11 shall not affect the provision of paragraphs 19 and 20 which shall take precedence over this paragraph 11.
13 TRANSFERRING THESE TERMS
13.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
14 ENTIRE AGREEMENT
14.1 These terms set out the entire agreement between you and us concerning our Services (as defined in paragraph 1) and they replace all earlier agreements and understanding between you and us.
15 CHANGES TO THESE TERMS
15.1 You can find these terms at any time by visiting daviesdesigns.net/terms-conditions
15.2 Without affecting section 20 below, we reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms that you shall immediately stop accessing and/or using our Services.
16.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
17 WAIVERS OF OUR RIGHTS
17.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
18 COMPLAINTS AND DISPUTE RESOLUTION
18.1 Most concerns can be solved quickly by contacting us at email@example.com
18.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the United States.
19.1 To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Davies Designs from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
20 BINDING ARBITRATION AND CLASS ACTION WAIVER
20.1 We work hard to ensure customer satisfaction, so we hope to never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we cannot, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator's decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren't allowed. Nor is combining individual proceedings without the consent of all parties. Under this clause, you also agree:
The term 'dispute' is a broad term. It include any claim or controversy between you and us concerning the Services, the tools related to the Services, the cost or price of the Services, your account, advertising, marketing, communications, your purchase transaction, billing, or these terms, under any legal theory including contract, warranty, subscription, tort, statute, or regulation except disputes relating to the enforcement or validity of your or our intellectual property rights.
EMAIL A NOTICE OF DISPUTE FIRST.
If you have a dispute and we are unable to resolve it, please email a Notice of Dispute to firstname.lastname@example.org. Include your name, address, how to contact you, what the problem is, and what you would like the outcome of resolution to be. We will do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
SMALL CLAIMS COURT OPTION.
As an alternate to emailing a Notice of Dispute, you may choose to sue us in small claims court in your county or residence (or, if a business, your principal place of business) or York County, South Carolina, U.S.A. if you meet the court's requirements.
The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or depending on the value of the dispute whether you are an individual or how you use the Services, it's Consumer Arbitration Rules). For more information, see www.adr.org. To start an arbitration, email us at email@example.com for the arbitration form. Once completed, submit this to the AAA and email us a copy. Depending on the value of the dispute, the arbitrator will likely hold the hearing via telephone unless there is cause to hold an in-person hearing. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
ARBITRATION FEES AND PAYMENTS.
You agree that all arbitration fees are your own unless we are legally responsible for reimbursement.
CONFLICT WITH AAA RULES.
These terms govern to the extent they conflict with the AAA's Commercial Arbitration Rules or Consumer Arbitration Rules.
MUST FILE WITHIN ONE YEAR.
You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it is permanently barred.
REJECTING FUTURE ARBITRATION CHANGES.
You may reject any change we make to section 20 (except address changes) by sending us written notice within 30 days of the change by email to firstname.lastname@example.org. If you do, the most recent version of section 20 before the change you rejected will apply.
If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won't be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 20 is found to be illegal or unenforceable, that provision will be severed but the rest of section 20 will remain in effect.
21 PAYMENT TERMS
21.1 If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services may exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
YOUR BILLING ACCOUNT.
To pay the charges for a Service, you will be asked to provide a payment method prior to or at the time of Service delivery. To change your billing information and payment method email us at email@example.com. Additionally, you agree to permit Davies Designs to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
By providing Davies Designs with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize Davies Designs to charge you for the Services or available content using your payment method; and (iii) authorize Davies Designs to charge you for any paid feature of the Services you choose to sign up for or use while these terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Davies Designs by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Davies Designs. By authorizing recurring payments, you are authorizing Davies Designs to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account, or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Davies Designs or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
If automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email, or other reasonable manner, before any Services renew for a new term, and notify you of any price changes as mentioned above. Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
ONLINE STATEMENT AND ERRORS.
Davies Designs will provide you with an online billing statement via email, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Davies Designs has identified a billing error, we will correct that error within 90 days.
Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Davies Designs has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please contact us at firstname.lastname@example.org
CANCELING THE SERVICES.
You may cancel a Service at any time, with or without cause. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
PAYMENTS TO YOU.
If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous over-payment.
22 QUESTIONS ABOUT THESE TERMS
22.1 If you have questions about these terms or our Services you may contact us by email at email@example.com
LAST UPDATED 7/25/2023