Terms and Conditions
TERMS & CONDITIONS
Contents
16. Guests
20. Cookies
21. No Warranties
25. Indemnification
28. Entire Agreement
29. Changes to Terms
30. Contact Us
TERMS AND CONDITIONS
This Terms and Conditions Policy (“Terms”) was last updated and published on June 18, 2023, and takes effect on June 18, 2023.
By using this Website, you are deemed to have read and agreed to the following terms and conditions: This Agreement is an electronic contract between You (“Customer,” “Member,” “You,” “Your”), and DigiArtCandy d/b/a Michele L. Grant (hereafter referred as “DigiArtCandy,” “our,” “us,” “we,” “my,” “mine,” “I”) and https://www.DigiArtCandy.com and its affiliates (“DigiArtCandy,” “DAC,” “Company,” “Site,” “we,” “us,” or “our”) that sets out the legally binding terms of your use of the Website, your membership, products and services. This Agreement may be modified by DigiArtCandy from time to time. Such modifications are effective at the moment posted on the Website. This Agreement includes DigiArtCandy’s Privacy Policy, and subscription policies, as well as any notices regarding the Website. By accessing the Website, downloading digital downloads, or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Children & Privacy
(1-1). This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with DigiArtCandy 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. For more information about Children and Privacy, visit our Privacy Policy at: https://digiartcandy.com/privacy-policy/.
2. Terms of Use Changes
(2-1). DigiArtCandy may revise and/or update these Terms and Conditions from time to time at our sole discretion. All changes are effective immediately when we post them, and applies 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 these changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding.
3. Privacy & Confidentiality
(3-1). Your use of the Website is also subject to the DigiArtCandy ’s Privacy Policy. Please review our Privacy Policy at https://digiartcandy.com/privacy-policy/, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms and Conditions. DigiArtCandy is committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our customers. DigiArtCandy will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by DigiArtCandy will only be in connection with the provision of agreed products and services.
4. Website Access & Account Security
(4-1). Website Changes. DigiArtCandy reserves the right to withdraw or amend this Website and/or any product, service or material provided on the Website at our sole discretion without notice. DigiArtCandy will not be held liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website or to users, including registered users.
(4-2). Website Use. To access the Website or some of the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is accurate, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to thorough 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.
(4-3). User Names, Passwords and Logins. Should you choose or are provided with, a user name, password, login 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 user name, password or other security information. You agree to notify DigiArtCandy immediately of any unauthorized access to or use of your user name 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.
(4-4). Website Changes. DigiArtCandy has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
5. Unlawful or Prohibited Use
(5-1). Website Usage. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms and Conditions.
(5-2). Unlawful Website Content Usage. As a condition of your use of the Website, you warrant to DigiArtCandy that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
(5-3). Copyright. All content included as part of the Service, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Website, is the property of DigiArtCandy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
(5-4). Website Exploitation. will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
(5-5). Unauthorized Content Use. DigiArtCandy content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual and/or individual company use, and will make no other use of the content without the express written permission of DigiArtCandy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DigiArtCandy or our licensors except as expressly authorized by these Terms.
(5-6). Proprietary Works. DigiArtCandy name, the DigiArtCandy logo, the DigiArtCandy slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of DigiArtCandy and/or its affiliates or licensors. You must not use such marks without the prior written permission of DigiArtCandy. All other names, logos, products and/or service names, designs and slogans on this Website are the trademarks of their respective owners.
6. For Educational & Informational Purposes Only
(6-1). The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
7. Accuracy & Personal Responsibility
(7-1). Accuracy Not Guaranteed. DigiArtCandy has done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither DigiArtCandy nor any of its owners, employees, contractors or affiliates shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
(7-2). Personal Responsibility. By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
8. No Guarantee of Results
(8-1). No Guarantees. You agree that DigiArtCandy has not made any guarantees about the results of taking any action, whether recommended on this Website or not. DigiArtCandy provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of DigiArtCandy.
(8-2). Prior Results Not Guarantee of Similar Outcome. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of DigiArtCandy or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
9. Email & Other Electronic Communications
(9-1). Electronic Consent. Visiting the Website or sending emails to DigiArtCandy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that DigiArtCandy provides to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
(9-2). Not a Business Relationship. DigiArtCandy would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send electronic communications to DigiArtCandy. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
10. Use of Communication Services
(10-1). Communication Services. The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
(10-2). No Harassment. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
(10-3). No Monitoring. DigiArtCandy has no obligation to monitor the Communication Services. However, DigiArtCandy reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. DigiArtCandy reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
(10-4). Applicable Law Disclosures. DigiArtCandy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the sole discretion of DigiArtCandy.
(10-5). Communication Cautiousness. Always use caution when giving out any personally identifying information about yourself in any Communication Service. DigiArtCandy does not control or endorse the content, messages or information found in any Communication Service and, therefore, DigiArtCandy specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DigiArtCandy representatives or spokespersons, and their views do not necessarily reflect those of DigiArtCandy.
(10-6). Materials You Upload. Any materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
11. Materials Provided to the Website
(11-1). Your Materials Ownership. DigiArtCandy does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (“Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting DigiArtCandy, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
(11-2). No Compensation for Submissions. No compensation will be paid with respect to the use of your Submission, as provided herein. DigiArtCandy is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at DigiArtCandy’s sole discretion.
(11-3). Submission Ownership. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
12. Third Party Website Links & Services
(12-1). Linked Websites. The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of DigiArtCandy, and DigiArtCandy is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. DigiArtCandy provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DigiArtCandy of the Website or any association with its operators.
(12-2). Third-Party Websites. Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that DigiArtCandy may share such information and data with any third party with whom DigiArtCandy has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
13. Use of Templates, Digital Downloads & Forms
(13-1). Digital Downloads Are for Personal/Personal Business Use Only. DigiArtCandy provides various templates, digital downloads and/or forms for download and/or sale on this Website. DigiArtCandy grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or personal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use. By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of DigiArtCandy.
14. Use of Exclusive Materials
(14-1). Non-exclusive Use. DigiArtCandy provides various templates, paid programs, courses, services, and associated material for sale on this Website. DigiArtCandy grants you a limited, personal, non-exclusive, non-transferable license to use said templates, paid programs, courses, services, and associated material (“Goods”) for your own personal and/or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, sell, or in any way exploit any of the Goods in any manner for sale or resale other than what you use for your personal or personal business’s online presence.
(14-2). DigiArtCandy Exclusive Material. By ordering or participating in templates, paid programs, courses, services, and associated material (“DigiArtCandy Exclusive Material”), you agree that said templates, paid programs, courses, services, and associated material and/or services you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of DigiArtCandy.
(14-3). DigiArtCandy Exclusive Material is Not for Resale. By ordering or participating in templates, paid programs, courses, services, and associated material, you further agree that you shall not create any derivative work based upon said Courses and/or services for sale or resell to others, and you shall not offer any competing products or services based upon any information contained therein.
(14-4). DigiArtCandy Templates, Downloads, Links, Courses, Trainings, Membership Content, Membership Rules, Materials. DigiArtCandy reserves the right to make changes to available DigiArtCandy templates, downloads, links, courses, trainings, membership content, membership rules, or any materials on the DigiArtCandy website. This includes courses, and/or in the DigiArtCandy membership, at any time, for any reason, which includes the right to update, add, remove or change said templates, downloads and/or links.
15. Use of Free Downloadable Content
(15-1). Free Downloadable Content. DigiArtCandy provides various resources on this Website, which users may access by providing an e-mail address. DigiArtCandy grants you a limited, personal or business, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (“DigiArtCandy Content”) for your own personal or personal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or sell/resell in any way exploit any of the DigiArtCandy in any manner.
(15-2). Free DigiArtCandy Content is Not to Be Resold. By downloading the DigiArtCandy Content, you agree that the DigiArtCandy Content you download may only be used by you for your personal or personal business use and may not be sold or redistributed without the express written consent of DigiArtCandy .
(15-3). Free DigiArtCandy Content is Not to Be Repackaged/Reworked. By downloading the DigiArtCandy Content, you further agree that you shall not create any derivative work based upon the DigiArtCandy Content and you shall not offer any competing products or services based upon any information contained in DigiArtCandy Content, either free or paid.
(15-4). Included, Free, No-Attribution Stock Images / Photos. DigiArtCandy downloads and templates may contain stock images taken from attribution-free sites such as Pixabay and Unsplash, to name a few. DigiArtCandy does not endorse nor recommend that Clients sell these images on their own.
16. Guests
(16-1). Information to Third-Parties. DigiArtCandy may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. DigiArtCandy does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
(16-2). Guest Interviews/Interactions Property Rights to DigiArtCandy. Individuals who agree to appear as guests on any podcast guest interview, interview on other platform, guest blog post, or other medium offered by DigiArtCandy agree to transfer all intellectual property rights they may have in any such interviews to DigiArtCandy and further provide a license to any rights they are unable to assign.
17. Billing, Payments & Subscriptions
(17-1). General Billing. You are billed DigiArtCandy through an online account (“Billing Account”) for use of our Membership Service, courses, digital downloads, products and/or services. You agree to pay DigiArtCandy all charges at the prices then in effect for said purchase(s) using your Billing Account. You also authorize DigiArtCandy to charge your chosen payment provider (“Payment Method”) for said products and/or services. You agree to make payment using that selected Payment Method. DigiArtCandy reserves the right to correct any errors or mistakes that DigiArtCandy may have made, even if DigiArtCandy has already requested or received payment.
(17-2). Current Information Required. You must provided current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate, such as change of billing address, credit card number, credit card expiration date), and you must promptly notify DigiArtCandy if your payment method is cancelled (such as due to loss or theft), or if you become aware of a breach of security, such as the unauthorized use of your user name or password. Should you fail to provide DigiArtCandy with any of the foregoing information, you agree that DigiArtCandy may continue charging you for any use of this service under your billing account, unless you have terminated your subscription for the service (confirmed by you in writing upon request by DigiArtCandy).
(17-3). No Liability for Stripe or PayPal Failed Payments. DigiArtCandy is not liable for any late payment fees or reclaimed failed payments by Stripe or PayPal. Members who make their monthly membership payment through Stripe or PayPal are responsible for ensuring that bank card details are correct and up-to-date. Do this by following the steps on the Stripe or PayPal sites. Should you cancel your membership with DigiArtCandy, it is your responsibility to ensure your recurring payment is cancelled with Stripe or PayPal directly to prevent any future payments from being taken. Please make yourself aware of Stripe or PayPal’s Policies, should this is your chosen payment gateway for your membership.
(17-4). Checks are Not Accepted. DigiArtCandy does not accept payment in the form of checks. Consequently, all purchases and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
18. No Refunds, Returns, Exchanges or Cancellations
(18-1). No Refunds, Returns, Exchanges or Cancellations. Due to the nature of digital products, Michele Grant and/or DigiArtCandy does not provide refunds, returns, exchanges or cancellations. DigiArtCandy does not offer refunds, returns,exchanges or cancellations. Unlike physical goods, electronic/digital downloads/deliverables can be duplicated. Once a purchase has been made, it is not possible for DigiArtCandy to recall all digital copies/deliverables. Accordingly, DigiArtCandy does not offer refunds, returns, exchanges or cancellations. Refunds, returns, exchanges or cancallations shall not be provided, except at the sole discretion of DigiArtCandy.
19. Disputes, Cancellations & Service Refusal
(19-1). Payment Authorizations and Disputes. By purchasing and/or subscribing to DigiArtCandy products and/or services, you authorize DigiArtCandy to obtain payment / charge your credit card for the indicated amount. Please do not place an order if you do not wish to be charged. Should you wish to dispute a charge on your credit card, please contact us first so we may help you resolve the issue. If you do not contact us first and/or directly dispute the charge on your credit card and we win the dispute, we will charge you $100 USD EACH time you dispute the charge and lose the dispute. Please contact us with any inquiries.
(19-2). Account Cancellations by DigiArtCandy. DigiArtCandy reserves the right to cancel, block or remove your account without notice and at any time, whether chosen by you or by DigiArtCandy, should we believe you have failed to comply with any provisions as outlined in these Terms and Conditions.
(19-3). Refusal of Service. DigiArtCandy reserves the right to refuse service to anyone at anytime for any reason, subject to the laws of the State of Nevada and U.S. federal law. DigiArtCandy does not discriminate based on race, color, national origin, sex or religion or any other protected class.
21. No Warranties
(21-1). DigiArtCandy makes no warranties regarding the performance or operation of this Website. DigiArtCandy further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this Website. To the fullest extent permissible under the law, DigiArtCandy disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
22. Limited Liability
(22-1). No Liability. You agree to absolve DigiArtCandy of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Website and/or the resources you may download from this Website . You agree that DigiArtCandy shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Website
(22-2). Errors or Inaccuracies. The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. DigiArtCandy and/or its suppliers may make improvements and/or changes in the Website at any time.
(22-3). Our Suppliers. DigiArtCandy and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. DigiArtCandy and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
(22-4). Not Responsible for Damages. To the maximum extent permitted by applicable law, in no event shall DigiArtCandy and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if DigiArtCandy or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.
23. Governing Law, Arbitration
(23-1). Claims Waived. You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, DigiArtCandy, any and all contracts you enter into with DigiArtCandy, and any and all of DigiArtCandy ’s products and services.
(23-2). Governing Law & Binding Arbitration. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Las Vegas, Nevada. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against DigiArtCandy. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
24. International Users
(24-1). DigiArtCandy products and services are controlled, operated and administered by DigiArtCandy within the USA. If you access said products and services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use DigiArtCandy Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
25. Indemnification
(25-1). You agree to indemnify, defend, and hold harmless DigiArtCandy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DigiArtCandy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DigiArtCandy in asserting any available defenses.
26. Termination & Access Restriction
(26-1). DigiArtCandy reserves the right, at its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
27. No Joint Venture or Other Relationship
(27-1). You agree that no joint venture, partnership, employment, or agency relationship exists between you and DigiArtCandy as a result of this agreement or use of the Website. DigiArtCandy ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DigiArtCandy ’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by DigiArtCandy with respect to such use. Should any part of this agreement be determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
28. Entire Agreement
(28-1). Unless otherwise specified herein, this agreement, along with the Privacy Policy and Cookie Policy, constitutes the entire agreement between the user and DigiArtCandy with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DigiArtCandy with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
29. Changes to Terms
(29-1). DigiArtCandy reserves the right, at its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. DigiArtCandy encourages you to periodically review the Terms to stay informed of our updates.
30. Contact Us
(30-1). Questions? Please contact us at the following email address: create.digiartcandy@gmail.com.