Terms of Service
Last Updated: November 5, 2024
Welcome to Davincified. These Terms of Service ("Terms") govern your access to and use of our website davincified.com (the "Site") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, please do not use our Services.
1. Acceptance of Terms
By using our Services, you confirm that you are at least the age of majority in your jurisdiction or have obtained consent from a parent or legal guardian. You agree to comply with all applicable laws and regulations when using our Services.
2. Changes to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review the Terms periodically.
3. Use of Services
a. Account Registration
- You may be required to create an account to access certain features of the Services.
- You agree to provide accurate, current, and complete information during registration.
- You are responsible for safeguarding your account credentials and for all activities that occur under your account.
b. Prohibited Activities
You agree not to:
- Use the Services for any unlawful purpose.
- Violate any applicable local, national, or international law or regulation.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Transmit any viruses, malware, or any other harmful code.
- Engage in any activity that could disable, overburden, or impair the functioning of the Services.
4. Products and Services
a. Product Descriptions
We strive to provide accurate information but do not warrant that product descriptions or other content is accurate, complete, reliable, or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition, subject to our Return Policy.
b. Pricing and Availability
- All prices are subject to change without notice.
- We reserve the right to modify or discontinue any product or service without prior notice.
- We are not liable for any modification, price change, suspension, or discontinuance of the Services.
- Digital files will be securely stored on our servers for 60 days after purchase, after which they will be automatically deleted.
5. Orders and Payments
a. Order Acceptance
- We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available, inaccuracies in product or pricing information, or suspected fraud.
b. Payment Terms
- You agree to provide current, complete, and accurate purchase and account information.
- All payments are subject to validation checks and authorization by your payment provider.
c. Cancellation Policy
- Orders may be canceled before production begins, subject to a 10% cancellation fee.
- Once production has started or the item is in shipment, cancellations are not possible.
6. Shipping and Delivery
- Shipping times are estimates and not guarantees.
- We are not responsible for delays caused by carriers or events beyond our control.
- Risk of loss passes to you upon delivery to the carrier.
7. Returns and Refunds
- Personalized or custom products are non-returnable and non-refundable, except in cases of defects or errors caused by us.
- For eligible items, please refer to our Return and Refund Policy for detailed information.
8. Intellectual Property Rights
- All content on the Site, including text, graphics, logos, images, and software, is the property of Davincified or its content suppliers and protected by international copyright laws.
- You are granted a limited license to access and use the Services for personal, non-commercial purposes.
- Unauthorized use of any content may violate copyright, trademark, and other laws.
9. User-Generated Content
a. Reviews and Submissions
- By submitting content, including reviews, comments, photos, or videos ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, and display such content in any media.
- You represent and warrant that you own or have the necessary rights to your User Content.
b. Prohibited Content
You agree not to submit any User Content that is unlawful, defamatory, obscene, harassing, or infringes on others' rights.
10. Third-Party Links and Services
- The Site may contain links to third-party websites or services that are not owned or controlled by Davincified.
- We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites.
- Your interactions with third-party websites are governed by their own terms and policies.
11. Limitation of Liability
- To the fullest extent permitted by law, Davincified, its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services.
- Our total liability to you for any claim arising from or related to the Services is limited to the amount you paid to us in the six months preceding the claim.
12. Disclaimer of Warranties
- The Services are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind.
- We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
13. Indemnification
You agree to indemnify, defend, and hold harmless Davincified and its affiliates from any claims, liabilities, damages, losses, or expenses arising out of your use of the Services or violation of these Terms.
14. Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
- Any disputes arising out of or relating to these Terms or the Services shall be resolved in the courts of the jurisdiction where Davincified is headquartered, unless applicable law requires otherwise.
15. International Users
- Our Services are available worldwide and may be subject to local laws and regulations.
- You are responsible for compliance with all local laws applicable to your use of the Services.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
17. Termination
- We reserve the right to terminate or suspend your access to the Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or us.
- Upon termination, all provisions of these Terms which by their nature should survive termination shall remain in effect.
18. Rewards Program
- Our rewards program, known as "Davincified Rewards," is open to all registered users of our Services. By participating in the rewards program, you agree to abide by the terms outlined here, as well as any additional guidelines provided within the rewards section of our website.
- Points, referred to as "DavinciCoins," are earned through qualifying purchases and specific actions as outlined on our Site (e.g., creating an account, following us on social media, etc.).
- DavinciCoins may be redeemed for discounts, products, or other rewards as specified on the Site. Points have no cash value and cannot be exchanged for money. Redemption options and values are subject to change at our discretion.
- We reserve the right to modify, suspend, or terminate the rewards program at any time without prior notice. In the event of a termination, any unredeemed points will be forfeited and will not be redeemable for any value.
- Any abuse of the rewards program, including but not limited to fraudulent activity, creating multiple accounts, or manipulating transactions, may result in the termination of your account and forfeiture of all accumulated points.
- DavinciCoins are non-transferable and may not be combined across accounts or gifted to other users. Points are solely for personal use and may not be sold or otherwise exchanged.
19. Entire Agreement
These Terms, along with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Davincified regarding the Services.
20. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
21. Contact Information
If you have any questions about these Terms, please contact us:
- Email: hello@davincified.com
- Phone: +1 307-776-9308
- Address: 30 North Gould Street, STE ST R, Sheridan, WY 82801, United States
