Terms and Conditions for Digital Creation
Effective Date: June 20, 2024
1. Introduction
Welcome to dizitalcreation.com (the “Site”). These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the Site operated by Digital Creation (“we”, “us”, “our”). By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site or use our services.
2. Services
Digital Creation provides digital marketing and web design services for businesses. By purchasing any services from us, you agree to comply with and be bound by these Terms.
3. Use of the Site
3.1 Eligibility
You must be at least 18 years old to use our Site and services. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all the Terms.
3.2 License to Use the Site
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Site solely for your personal, non-commercial use, subject to these Terms.
4. User Obligations
4.1 Accurate Information
You agree to provide accurate, current, and complete information about yourself as prompted by the Site’s registration forms. You also agree to maintain and promptly update your information to keep it accurate, current, and complete.
4.2 Prohibited Activities
You agree not to use the Site for any unlawful purpose or in any way that could harm or disrupt others’ use of the Site. Prohibited activities include, but are not limited to:
- Violating any applicable laws or regulations.
- Infringing on any third party’s intellectual property rights.
- Transmitting any harmful or disruptive software.
- Engaging in any form of data mining or data harvesting.
5. Intellectual Property
The Site and its original content, features, and functionality are and will remain the exclusive property of Digital Creation and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Digital Creation.
6. Purchase of Services
6.1 Orders
All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your order, or other reasons.
6.2 Payment Terms
Payments for services must be made in accordance with the payment terms specified at the time of purchase. We accept various forms of payment, as detailed on the Site. All prices are exclusive of taxes, which will be added at the applicable rate.
6.3 Refunds and Cancellations
Our refund and cancellation policy is available on the Site. Please review it before making any purchases.
7. Limitation of Liability
In no event shall Digital Creation, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Site or services.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Site.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party.
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site.
8. Disclaimer of Warranties
The Site and services are provided on an “AS IS” and “AS AVAILABLE” basis. Digital Creation makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site and services is at your sole risk.
9. Indemnification
You agree to indemnify, defend, and hold harmless Digital Creation, its officers, directors, employees, contractors, agents, licensors, suppliers, and affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and services and supersede and replace any prior agreements we might have had between us regarding the Site and services.
11. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site and services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site and services.
12. Contact Us
If you have any questions about these Terms, please contact us:
- By Email: dizitalcreation@gmail.com
- By Mail: 5550 Central Ave, El Cerrito, CA.
Thank you for visiting dizitalcreation.com and using our services.