last updated July 25, 2017
References to “you” or “your” shall apply to you individually and “we” and “our” shall apply to Digital Dames, LLC (“Digital Dames, LLC”).
MODIFICATION AND TERMINATION
You acknowledge that all of the materials, information, publications, including without limitation, software, code, texts, photographs, videos, stills, graphics, music and sound, on this Site, including Site Code (“Content”) is protected by copyright and other proprietary rights, including without limitation, the compilation of Content, design, organization, graphics, advertising and the “look and feel” of the Site. “Site Code” means any and all underlying elements of the Site, including without limitation, source code, scripts, object code, software and other material contained on the Site.
All Content is and shall remain the property of Digital Dames, LLC or any of its licensors. No reproduction, modification, transmission, publication, sale, transfer, upload, download, copy or derivative work creation, distribution, performance, display, any other exploitation or any other use of the Content in any media now known or hereafter developed without prior written consent of Digital Dames, LLC is prohibited. Such use may be a violation of the intellectual property rights of Digital Dames, LLC or any of their licensors in the Content.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site, including, but not limited to, “Digital Dames, LLC” are registered and unregistered trademarks of Digital Dames, LLC and their third-party licensors. You may not use the Trademarks without the written permission of Digital Dames, LLC.
USE OF THE SITE
By posting or contributing content on the Site, you are granting Digital Dames, LLC a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.
You are solely responsible for providing access to the Site, including providing your own internet access, software, modems and related connectivity hardware or software.
It is a condition of your use of this Site and any Forum (defined below) that you do not: post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, scandalous, inflammatory, obscene, racist, vulgar, pornographic, hateful, profane, criminal or offensive material of any kind, including any material that would violate any local, state, national or international law or give rise to any civil or criminal liability post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual right post or transmit any material containing software viruses or similar disabling devices post or transmit any unsolicited advertising or spam disrupt, overwhelm, overload, attack, modify impair the operation of or interfere with the Site or its associated software, hardware and/or servers in any manner, and you agree not to impede or interfere with the use of the Site by other persons nor alter or tamper with any content or information associated with the Site impersonate any person or entity, falsely claim an affiliation with any person or third party or submit false, misleading or inaccurate information pertaining to your identity
The Site may provide services through which you can communicate with other members of the Digital Dames, LLC community (“Forum”). You agree only to use the Forum to post, receive or send messages in connection with Digital Dames, LLC’ products and services.
Digital Dames, LLC has no obligation to monitor the Forum, but reserves the right to review comments posted to the Forum and to remove any comments at any time, without notice, and for any reason and in its sole discretion. Statements made by users in the Forum reflect only the view of their authors and Digital Dames, LLC specifically disclaims any liability with regard to the Forum and any actions resulting from your participation in the Forum. Digital Dames, LLC is not responsible for information that you choose to communicate to other users via the Forum, or for the actions of other users.
You may have the opportunity to create an account (“Free Account”) to access some of the goods and services provided by the Site, or to purchase a fee-based membership (“Membership Account”) to the site (collectively, an “Account”).
To create an Account you will select a password and user name. You are solely responsible for the confidentiality of your user name and password. You should not share your user name or password with any person or entity. Should you believe that the security of your user name and/or password has been compromised or is no longer secure, you agree to immediately notify Digital Dames, LLC at [email protected]
Should you elect to purchase a Membership Account, you agree to pay all fees and charges associated therewith. Digital Dames, LLC may change the amount of fees and charges for any Membership Account in its sole discretion upon thirty (30) day prior written notice to you. Any such changes will be on a prospective basis only. Should you not wish to agree to any such changes, your sole remedy will be to terminate your Membership Account. Digital Dames, LLC may terminate your Account at any time for any reason.
When making a purchase on the Site you may be asked to supply certain information relevant to your purchase including, without limitation, your name, Paypal login/payment gateway information, your credit card number, the expiration date of your credit card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. Digital Dames, LLC uses a third-party payment processor. By submitting such information, you grant to Digital Dames, LLC the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.
There will be NO REFUNDS once payment has been made for a product or service unless specified. However, in some instances transfers or credits for future purchases may be permitted in the sole discretion of Digital Dames, LLC.
AVAILABILITY AND INACCURACIES
Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or delivered or that the price or availability of an item has been confirmed. We diligently attempt to describe and display the Content, products, and services as accurately as possible. There are times, however, when despite our diligent efforts, some content on the Site may be mispriced, described inaccurately, or unavailable. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.
HYPERLINKS & THIRD PARTIES
Disclaimers of Warranties and Limitations of Liability
Digital Dames, LLC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY “Digital Dames, LLC PARTIES”) MAKE NO REPRESENTATIONS, EITHER EXPRESSLY OR BY IMPLICATION, REGARDING THE INFORMATION, PRODUCTS, SERVICES, AND MATERIAL PROVIDED ON THIS SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE, ADVERTISED, OR SOLD THROUGH THIS SITE. THIS SITE AND ALL INFORMATION, PRODUCTS, SERVICES, AND LINKS TO OTHER WEB SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RELIABILITY, ACCURACY, TITLE OR INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. IN NO EVENT SHALL THE Digital Dames, LLC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE USE OF, OR INABILITY TO USE, ANY MATERIAL ON THIS SITE EVEN IF THE Digital Dames, LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, THE Digital Dames, LLC PARTIES MAKE NO WARRANTIES AS TO UNINTERRUPTED SERVICE, OR ERROR FREE SERVICE, LOSS OF TRANSMITTED INFORMATION, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL BE FREE FROM SECURITY BREACHES OR THAT NO VIRUSES OR HARMFUL COMPONENTS WILL BE TRANSMITTED ON THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DATE DATA PROCESSING FAILURES, COMPUTER VIRUS, MECHANICAL FAILURES, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
YOU USE THIS SITE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. Digital Dames, LLC MAKES NO WARRANTIES AS TO THE RESULTS OF THE USE OF THE SITE BY YOU.
THE Digital Dames, LLC PARTIES MAKE NO REPRESENTATIONS OR PROMISES TO DEVELOP, PROVIDE OR MARKET ANY SOFTWARE, SERVICE OR PRODUCT DISCUSSED ON THIS SITE, AND YOU SHALL NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY SOFTWARE, SERVICE OR PRODUCT CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL EVENTS, THE Digital Dames, LLC’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The Contents of this Site contain information for the convenience the Site users. The Content is not offered for nor should be construed as advice, including but not limited to business or legal advice, or a substitute for consultation with legal counsel or business professionals for specific advice.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected] You may also contact us by writing to 12715 Montague Street, Pacoima, CA 91331, or by calling us at 602-412-8899. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
GOVERNING LAW AND DISPUTE RESOLUTION
Refunds for Downloads will only be issued if there is a technical problem preventing the successful download of your product. This may include a corrupt file, unexpected removal of file, or site technical difficulties. Refunds cannot be issued for your technical problems, including browser, compatibility, or connectivity issues.
There will be NO REFUNDS once payment has been made for a product, service, or live event unless specified. However, in some instances transfers or credits for future purchases may be permitted in the sole discretion of Digital Dames, LLC.
If you have any questions about our policies, please contact us at [email protected]