Terms of Use

Welcome to DigiART CREATIVE!

The DigiART CREATIVE website, hereinafter (“Site” AND/OR “Website”) located at https://digiartcreative.com is a copyrighted work belonging to  DigiART CREATIVE, a BY Williams LLC Company, hereinafter (“Company” AND/OR “the Company”). Certain features of the Website (aka. “Domain” AND/OR “subdomains”) may be subject to additional guidelines, terms, agreements, or rules, which will be posted on this Website in connection with such features. All such additional terms, guidelines, agreements, and rules are incorporated by reference into these Terms.

These Terms of Use describe and form the legally binding terms and conditions that oversee the entity or sole proprietor, hereinafter (“you” AND/OR “your” AND/OR “your representative”) usage and access to this Website or Services.

BY ACCESSING OR LOGGING INTO THE WEBSITE, YOU OR YOUR REPRESENTATIVE WILLINGLY AGREE OR ARE BEING COMPLIANT THAT THESE TERMS AND YOU, REPRESENT THAT YOU OR YOUR REPRESENTATIVE HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THIS WEBSITE. IF YOU DISAGREE WITH ANY OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR CONTINUE USAGE OF THIS WEBSITE, AND DELETE YOUR BROWSER HISTORY IMMEDIATELY.

These Terms of Use become permanently effective upon the date you first access or use any service (aka. “Effective Date”) offered by the Company and continue indefinitely until you or the Company terminate it (aka. “Term”) in writing. The writing maybe be delivered by the Company in digital or physical form.

These terms require the use of arbitration Section “15” on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.

 

1. Introduction
   • This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of our Website or Services.
   • BY WILLIAMS LLC, its subsidiaries, and affiliates (collectively, “the Company” AND/OR “Company”) own and operate the Website.
   • The Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Website solely for your own personal, noncommercial use. Unless you have a separate license AND/OR agreement with Company, allowing you commercial usage.

 

2. Acceptance of Terms
   • By using or continuing use of our Website and its Services, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of any of its Services immediately. Additionally deleting your browser history to remove any artifacts, such as website-cookies.

 

3. Eligibility
   • This Website and it’s services are primarily intended for individuals (citizens AND/OR residents), individual businesses (including sole proprietors), and non-profit organizations, hereinafter (“user” AND/OR “users”) located in the continental United States. The Company and its Affiliates may provide Services to you or your Affiliates in other countries or regions under separate agreements. You and your Representative must not attempt to access, create, or distribute content or services created on this Website on behalf of or for the benefit of a user whose country, state, or political affiliation would conflict with the greater laws of the United States, unless the Company approves otherwise thru means of writing or separate website directory, domain, or subdomain indicating such eligibility thru new Terms of Use (“Agreement”).
   • You AND/OR your Representative affirm that:
     • (a) your Representative is authorized to provide User Information on your behalf and to bind you to this Agreement; and
     • (b) your Representative is a legal guardian, an executive officer, senior manager, or otherwise has significant responsibility for the control, management, or direction of your well-being AND/OR business thru other legal means (“power of attorney”).
     • (c) you or your Representative may be required to provide additional information or documentation demonstrating your Representative’s authority.
   • If you are a sole proprietor, you and your Representative also affirm that your Representative is personally responsible and liable for your use of this Website and it’s services. Including services which bind you to any obligations and applicable laws to guests, users, AND/OR affiliates, under this Agreement.
   • The intended audience age for this website and it’s services is 18 years old. If you or your Representative do not meet these requirements. You are requested to immediately stop any further usage and delete your browser history.

4. Restrictions
   • The rights approved to you in these Terms are subject to the following restrictions:
     • (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
     • (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
     • (c) you shall not access the Site in order to build a similar or competitive website; and
     • (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

 

5. Use of the Website; Privacy Policy; Data Processing Agreement (DPA)
   • This Website provides a platform for information and services related to the Company.
   • You agree to use the Website in a manner consistent with any and all applicable laws and regulations.
   • The following terms references our “Privacy Policy” and explains how and for what purposes Company collects, uses, retains, discloses, and safeguards the Personal Data you provide to Company:
     • Personal Data: When you provide Personal Data to Company, or authorize Company to collect Personal Data, you must provide all necessary notices to and obtain all necessary rights and consents from the applicable individuals AND/OR users sufficient to enable Company to lawfully collect, use, retain and disclose the Personal Data in the ways this Agreement and Company’s Privacy Policy describe. Company will not sell or lease Personal Data that Company receives from you to any third party.
     • Protected Data: To the extent Law permits, Company will use Protected Data to (i) secure, provide, provide access to, and update the Company services; (ii) fulfill its obligations under Law, and comply with Financial Partners and Governmental Authority requirements and requests; and (iii) prevent and mitigate fraud, financial loss, and other harm. Company is not obligated to retain Protected Data after the Term, except as (iv) required by Law; (v) required for Company to perform any post-termination obligations; (vi) this Agreement otherwise states; or (vii) the parties otherwise agree in writing. You are responsible for being aware of and complying with Laws governing your use, storage and disclosure of Protected Data.
     • Company Data: You may use the Company Data only as this Agreement and other agreements between Company and you (or their Affiliates) permit.
     • Data Processing Agreement: The Data Processing Agreement (DPA), including the Approved Data Transfer Mechanisms (as defined in the “Data Processing Agreement”) that apply to your use of the Services and transfer of Personal Data, is incorporated into this Agreement by this reference. Each party will comply with the terms of the Data Processing Agreement.
     • Fraud Detection: If Company provides you with information regarding the possibility or likelihood that a transaction may be fraudulent or that an individual cannot be verified, Company may incorporate your subsequent actions and inactions into Company’s fraud and verification model, for the purpose of identifying future potential fraud.
   • Company will maintain a commercially reasonable administrative, technical, and physical controls designed to protect data in its possession or under its control from unauthorized access, accidental loss and unauthorized modification. You are responsible for implementing administrative, technical, and physical controls that are appropriate for you or your business.
     • Data Security: Company will make reasonable efforts to utilize payment processor Services in a manner consistent with PCI-DSS requirements.
     • Account Credentials: You must prevent any Credential Compromise, and otherwise ensure that your member Account is not used or modified by anyone other than you and your representatives. If a Credential Compromise occurs, you must promptly notify and cooperate with Company, including by providing detailed information that Company requests. We suggest where possible to enable and use 2FA or MFA authentication when accessing sensitive systems and services.
     • Data Breach: You must notify Company immediately if you become aware of an unauthorized acquisition, modification, disclosure, access to, or loss of Personal Data on your systems. Failure to notify Company can lead to permanent suspension and additional liability on your behalf.
     • Audit Rights: If Company believes that a compromise of data has occurred on your systems, website, or app, Company may require you to permit a Company approved third-party auditor to audit the security of your systems and facilities. You must fully cooperate with all auditor requests for information or assistance. As between the parties, you are responsible for all costs and expenses associated with these audits. Company may share with Financial Services Partners any report the auditor issues.
   • Company reserves the right to change, suspend, or cease the Site AND/OR Services with or without notice to you. You agree that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
     • (a) You agree that Company will have no obligation to provide you with any support in connection with the Site. Unless stated explicitly under an active managed service or support agreement.

 

6. Intellectual Property Rights
   • All content on the Website, including but not limited to design, text, graphics, other files, and their selection and arrangement are owned by the Company.
   • You may not use such material without written permission.
   • Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.
     • (a) Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 7. Company and its suppliers reserve all rights not granted in these Terms.

 

7. User Contributions and Content
   • Users are responsible for any content they provide to the Website.
   • Users warrant they have all necessary rights to the content they contribute to the Website.
   • “User Content” means any and all information and content that a user submits to the Site.
     • (a) You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content.
     • (b) You hereby certify that your User Content does not violate our Acceptable Use Policy.
     • (c) You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability.
     • (d) Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
   • You hereby grant to Company an irreversible, nonexclusive, royalty-free, and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site or Company partner Sites.
     • (a) You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

 

8. Acceptable Use Policy; DMCA Policy
   • The following terms constitute our “Acceptable Use Policy” and “Digital Millennium Copyright Act (DMCA) Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content
     • (i) that violates any third-party right or any intellectual property or proprietary right;
     • (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
     • (iii) that is harmful to minors in any way; or
     • (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
   • In addition, you agree not to:
     • (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data;
     • (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
     • (iii) use the Site to harvest, collect, gather, or assemble information or data regarding other users without their consent;
     • (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks;
     • (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means;
     • (vi) harass or interfere with any other user’s use and enjoyment of the Site; or
     • (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
   • We reserve the right to review any User Content, and to investigate AND/OR take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy, AND/OR DMCA Policy, or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 12 AND/OR reporting you to law enforcement authorities.
   • If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
   • You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of
     • (a) your use of the Site,
     • (b) your violation of these Terms,
     • (c) your violation of applicable laws or regulations, or
     • (d) your User Content.
   • Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

9. Third-Party Links & Ads; Other Users
   • The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.
     • (a) Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.
     • (b) You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
   • Each Site user is solely responsible for any and all of its own User Content and are required to follow our “Acceptable Use Policy”, “DMCA Policy”, and any other provision of these Terms. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.
   • You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.
     • (a) If you are a California resident, you hereby waive California civil code section 1542 AND/OR federal code in connection with the foregoing, which states or grant that: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
     • (b) If you are an Arizona resident, you hereby waive any civil AND/OR federal code in connection with the foregoing, which state or grant that: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
     • (c) If you are an Illinois resident, you hereby waive any civil AND/OR federal code in connection with the foregoing, which state or grant that: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
     • (d) If you are a Massachusetts resident, you hereby waive any civil AND/OR federal code in connection with the foregoing, which state or grant that: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
     • (e) If you are a New York resident, you hereby waive any civil AND/OR federal code in connection with the foregoing, which state or grant that: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
   • Like any other website, the Company uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type AND/OR other information.
     • We use multiple third-party vendor tools and services on our website for E-Commerce, Blogging, Newsletters, Advertisement, and Customer support. We strive to keep our list of Website cookies updated as applicable by US-Laws. You can visit our “Cookie-Policy” page to see an updated list.
     • Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed in our “Cookie-Policy” page. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we may conditionally hyperlink to their Privacy Policies in our “Cookie-Policy” page.

 

10. Disclaimer
    • The Website and its content are provided on an “as is” and “as available” basis, and the Company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days or lesser where applicable by law, from the date of first use.
    • The Company and our suppliers are not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to hacking, tampering, AND/OR other unauthorized access to:
      • (a), use of our Services, or
      • (b) your member Account, or
      • (c) Protected Data, or
      • (d) your failure to use, or
      • (e) implement anti-fraud, or
      • (f) data security measures.
    • Further, the Company and our suppliers are not liable for any losses, damages, or costs that you or others may suffer arising out of or relating to:
      • (a) your access to, or use of, our Services in a way that is inconsistent with this Agreement, or any Company provided Documentation;
      • (b) unauthorized access to servers or infrastructure, or to Company or supplier data;
      • (c) Service interruptions or stoppages;
      • (d) bugs, viruses, or other harmful code that may be transmitted to or through Digital Service
      • (e) errors, inaccuracies, omissions, or losses in or to any Company or supplier data;
      • (f) Content; or
      • (g) the defamatory, offensive, or illegal conduct of others.
    • By default, no warranties of any kind are given, whether express or implied.
      • Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
    • If you have not already visited the “Disclaimer” page, you are requested to do so before continuing further on this website.

 

11. Limitation on Liability
    • In no event shall the Company, its directors, employees, or agents be liable for any damages of any kind arising from the use of the Website.
      • (a) Indirect Damages: To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
      • (b) General Damages: To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you or any third-party for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (US $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
    • Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

12. Term and Termination
    • The Company reserves the right to terminate your use of the Website and block or prevent future access to and use of the Website.
    • The Terms will remain in full force and effect while you use the Site AND/OR its Services. We may suspend, block, prevent future access, or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.
      • (a) Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.
      • (b) You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.
      • (c) Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
    • (d) Even after your rights under these Terms are terminated, all of the provisions above and below this section of these Terms will remain in effect.

 

13. Copyright Policy
    • Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. 
    • If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: copyright@digiartcreative.com
      • You must provide:
    • your physical or electronic signature;
    • identification of the copyrighted work(s) that you claim to have been infringed;
    • identification of the material on our services that you claim is infringing and that you request us to remove;
    • sufficient information to permit us to locate such material;
    • your address, telephone number, and e-mail address;
    • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
    • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner (“Power of Attorney”).
      • Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

14. Modifications to this Agreement; Modifications to other Agreements and Policies
    • We reserve the right to modify this Agreement and applicable Policies at any time and without prior notice. You agree to be bound by any changes to this Agreement when you use the Website AND/OR Services after any such modification is posted.
    • These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us AND/OR by prominently posting notice of the changes on our Site.
    • You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. 
    • Any changes to these Terms AND/OR Policies will be effective immediately or where applicable by law, upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
    • It is your responsibility to check the Company Legal, About, Policy, and Licensing Pages regularly (“daily”) AND/OR minimum (“weekly”) for modifications to this Agreement, other Agreements, AND/OR Policies.

 

15. Dispute Resolution; Agreement to Arbitrate
    • Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
      • (a) Binding Arbitration: All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
      • (b) Notice Requirement: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to the address below. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
      • (c) Arbitration Rules: Arbitration shall be initiated through the American Arbitration Association, hereinafter (“AAA”), an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Broward County, Florida.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00).  Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
      • (d) Non-Appearance Based Arbitration: If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online AND/OR based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
      • (e) Time Limits: If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
      • (f) Authority of Arbitrator: If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.
      • (g) Waiver of Jury Trial: THE PARTIES HEREBY KNOWINGLY AND IRREVOCABLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
      • (h) Waiver of Class or Consolidated Actions: All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
      • (i) Confidentiality: All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration, except as applicable law requires or if the evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
      • (j) Right to Waive: Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
      • (k) Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with Company.
      • (l) Claims Not Subject to Arbitration: Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the U.S., Broward County, Florida, for such purposes. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
    • The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this Section 16 referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. Sections 1-16) will govern any arbitration conducted in accordance with this Agreement.
    • Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

 

16. Governing Law and Venue
    • This Agreement shall be governed by the laws of the State of Florida without regard to its principles of conflicts of law.
    • You agree to personal jurisdiction by and venue in the state and federal courts in the State of Florida, Broward County.

 

17. Electronic Communications; E-SIGN Disclosure
    • By accepting this Agreement or using any Service, you consent to electronic communications as described in the “E-SIGN Disclosure,” which is incorporated into this Agreement by this reference.
    • The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you
      • (a) consent to receive communications from Company in an electronic form; and
      • (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing; and
      • (c) you agree to this Disclosure and the use of electronic signatures.
    • If you choose not to consent to this Disclosure or if you withdraw your consent, you may be unable to use the Website AND/OR its Services.

 

18. Entire Agreement
    • This Agreement, along with any other rules or guidelines posted in connection with the Website, constitutes the entire agreement between the Company and you.
    • Interpretation: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
      • (a) The section titles in these Terms are for convenience only and have no legal or contractual effect.
      • (b) The word “including” means “including without limitation”.
      • (c) If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
      • (d) Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.
      • (e) These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
      • (f) Unless expressly stated otherwise, any consent or approval that may be given by a party (i) is only effective if given in writing and in advance; and (ii) may be given or withheld in the party’s sole and absolute discretion.
      • (g) References to “business days” means weekdays on which banks are generally open for business. Unless specified as business days, all references in this Agreement to days, months or years mean calendar days, calendar months or calendar years.
      • (h) Unless expressly stated to the contrary, when a party makes a decision or determination under this Agreement, that party has the right to use its sole discretion in making that decision or determination.
      • (i) The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
      • (j) Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
      • (k) No provision of this Agreement will be construed against any party on the basis of that party being the drafter.
    • Waivers: To be effective, a waiver must be in a writing signed by the waiving party. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of that party’s rights to subsequently enforce the provision.
    • Force Majeure: The Company will not be liable for any losses, damages, or costs you suffer, or delays in the Company or its Affiliates’ performance or non-performance, to the extent caused by a Force Majeure Event.
    • Assignment: You may not assign or transfer any obligation or benefit under this Agreement without the Company’s consent. Any attempt to assign or transfer in violation of the previous sentence will be void in each instance. If you wish to assign this Agreement, please contact Company via writing. The Company may, without your consent, freely assign and transfer this Agreement, including any of its rights or obligations under this Agreement. This Agreement will be binding on, inure to the benefit of, and be enforceable by the parties and their permitted assignees.
    • Export Control: You must not use or otherwise export, re-export or transfer the Company’s Technology AND/OR Services except as authorized by United States law and the laws of the jurisdiction(s) in which the Company’s Technology AND/OR Services were distributed AND/OR legally obtained, including by providing access to Company’s Technology AND/OR Services
      • (a) to any individual or entity ordinarily resident in a High-Risk Jurisdiction; or
      • (b) to any High-Risk Person. By using the Company’s Technology AND/OR Services, you represent as of the Effective Date and warrant during the Term that you are not
      • (c) located in or organized under the laws of any High-Risk Jurisdiction;
      • (d) a High-Risk Person; or
      • (e) owned 50% or more, or controlled, by individuals and entities (i) located in or, as applicable, organized under the laws of any High-Risk Jurisdiction; or (ii) any of whom or which is a High-Risk Person. You must not use the Company Technology AND/OR Services for any purposes prohibited by Law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
    • No Agency: Each party to this Agreement, and each vendor, supplier, or affiliate, is an independent contractor. Nothing in this Agreement serves to establish a partnership, joint venture, or general agency relationship between Company and you, or with any vendor, supplier, or affiliate. If this Agreement expressly establishes an agency relationship between you as principal and Company or its Affiliate as agent, the agency conferred, including your rights as principal and Company’s or its Affiliate’s obligations as agent, is limited strictly to the stated appointment and purpose and implies no duty to you, or Company or its Affiliate, and will in no event establish an agency relationship for tax purposes.
    • Severability: If any court or Governmental Authority determines a provision of this Agreement is unenforceable, the parties intend that this Agreement be enforced as if the unenforceable provision were not present, and that any partially valid and enforceable provision be enforced to the extent that it is enforceable.
    • Cumulative Rights; Injunctions: The rights and remedies of the parties under this Agreement are cumulative, and each party may exercise any of its rights and enforce any of its remedies under this Agreement, along with all other rights and remedies available to it at law, in equity or under the Consulting and Financial Services Terms. Any material breach by a party of Section 5, 6, 7 or 8 of these General Terms could cause the non-breaching party irreparable harm for which the non-breaching party has no adequate remedies at law. Accordingly, the non-breaching party is entitled to seek specific performance or injunctive relief for the breach.

 

19. Your Privacy
    • Please read our “Privacy Policy” on our Legal Page.

 

20. Libel Policy; Slander Policy; Defamation Clause
    • By accepting this Agreement or using any Service, you consent to electronic communications as described in the “Defamation Clause,” which is incorporated into this Agreement by this reference.
    • The Parties agree that in no event, and at no time during the Term or after the termination of these Terms, shall either of them disparage, denigrate, slander, libel, or otherwise defame, the other or the other’s businesses, services, properties, or assets, including employees, personnel, agents, or representatives, regardless of the form of communication.
    • The Company’s Website AND/OR Services must not be used to send material that defames an individual, organization, association, company or business. The consequences of a defamatory comment may be severe and give rise to personal liability. Electronic communications may be easily copied, forwarded, saved, intercepted or archived. The audience of an electronic message may be unexpected and widespread.
    • Defamatory speech distributed over the Internet can result in civil liability for the defamer.
      • SPAM or Unsolicited E-mail: You may not use Company’s Website AND/OR Services in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. Company’s domain or your private domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the Company’s e-mail domain or services.
      • A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one’s e-mail address accessible to the public will not constitute a request or invitation to receive messages. In case sufficient evidence is presented about any violation of this provision, Company reserves the right to disable your account without prior notice. 
      • For the purpose of acquiring evidence against violations, Company will use various techniques, including but not limited to: closely inspecting all spam reports sent to Company’s anti-abuse department (abuse@digiartcreative.com), searching the logs of Company’s mail servers, and scanning the server for popular “spamming” applications. Company will be the sole arbiter as to what would be considered sufficient evidence.
    • Abuse: Any attempt to undermine, slander, libel, threaten or cause harm to Company’s customers, employees and property, or to the company directly, is grounds for immediate termination without refund for any paid Services AND/OR Subscriptions. In addition, any such attempts will be prosecuted to the fullest extent of the law. 
    • Indemnification: You agree to indemnify, defend and hold harmless, Company, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms from Website users or hackers.
    • Corporation Settlements: You knowingly and irrevocably agree to the following settlement terms by a defamation settlement between Company and you:
      • A minimum settlement set at minimum 50 percent of the annual Net Profits plus legal fees for:
      • (a) sole-proprietors, and
      • (b) LLC, Corporations, and
      • (c) Media, Radio, Bloggers, Vloggers
    • Individual/Non-profit Settlements: You knowingly and irrevocably agree to the following settlement terms by a defamation settlement between Company and you:
      • A minimum settlement of $35,000.00 plus legal fees for:
      • (a) non-profits, and
      • (b) individuals.

 

21. Changes to these Terms of Use Statement

Please note that this Terms of Use Statement may be subject to change from time to time. The revised Terms of Use Statement will accordingly be published on this page.  We will not reduce your rights under this Terms of Use Statement without your explicit consent. Please regularly check this Terms of Use Statement to ensure you are aware of the latest updates with respect to the same.

• Effective Date:

This Terms of Use Statement is effective from the date mentioned above (“last updated: <timestamp>”) and it supersedes all existing Terms of Use on the subject matter.

 

22. Copyright/Trademark Information
    • Copyright© 2023 – indefinitely. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
    • Licensing: No licensing grants under Creative Commons. All rights reserved under licensing agreements found here: “Licenses” Page or your individual license agreement.
    • Royalties: Royalties are due for invalid or expired licenses and set at minimum 15 percent of the Corporate Net Profits, where Image, Media, and Film are found in use.
      • A minimum royalty of $1000 plus legal fees for:
      • (a) non-profits, and
      • (b) individuals.
    • See our “Licenses” on our Legal Page for more information.

Contact Information

7901 4th St N, SUITE 4000,
ATTN: BY WILLIAMS LLC, DPT: DAC
St. Petersburg, FL 33702

Email: info@digiartcreative.com