Digital Product Terms and Conditions of Use
Last updated: March 28, 2023
This Agreement ("Agreement") is entered into by Dreadfullyposh LLC dba Conflux Group (the "Company"), and purchaser of the digital product (hereafter "Client"), for the purpose of Client purchasing a digital product (the "Product") from Company’s website (the "Website"). Client agrees to the terms and conditions below by submitting payment for the Product.
1. Digital Product Usage
After purchasing the Product, Client will be given access to the product materials promptly through a download delivered via the Website or email. Client will have lifetime access to download the materials for as long as the Product(s) and/or Website are available. Company does not warrant that the Product or Website will be available for any fixed amount of time. Company reccomends the Client maintain a backup copy of the Product materials to ensure ongoing access to the Product
Company hereby grants to Client one (1) non-exclusive, non-sublicensable, non-transferable, perpetual license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party.
This is the grant of a license for use of the Product and is not a transfer of title or ownership of the Product. Under this license you may not: modify or copy the materials; use the materials for any public display (commercial or non-commercial); remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or entity.
In the event Company suspects that the Product is being shared with another party or any other restrictions in this agreement are violated without the Company's explicit written permission, Company reserves the right to immediately terminate Client’s access to the Product.
2. Fees & Payment Processing
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the Website at the time of purchase. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding fees or terminate Client's access to the Product until payment is received.
3. Refund Policy
Due to the nature of digital products being immediately accessible upon purchase, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.
4. Personal Information
By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client's identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
Company retains all copyrights regarding the Product.
The materials on the Website are provided "as is". Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client's breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage.
4. Revisions and Errata
The materials appearing on Company's Website could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its Website at any time without notice. Company does not, however, make any commitment to update the materials.
5. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
6. Venue and Jurisdiction
The laws of the State of New York shall govern this contract, and any resulting arbitration shall take place within New York County, New York. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
7. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in New York County, New York, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
7. Terms and Conditions of Use Modifications
If you have any questions about these Terms and Conditions of Use, you can contact us:
- By email: [email protected]
- By mail: Dreadfullyposh LLC, PO Box 53, New York, NY 10156