Terms & Conditions

TERMS AND CONDITIONS

 

SECTION 1: WEBSITE OWNERSHIP

 

This website is owned and operated by KDV Creates LLC. Throughout the site, the terms “we”, “us” and “our” refer to KDV Creates LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors products and services. By accessing or using the website of our service and/ or purchasing something from us, you approve that you have read, understood, and agree to be bound by these Terms.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Wix Stores. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 2: ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 3: COMMERCIAL TERMS

 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

The prices we charge for using our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

The prices we charge for using our services (custom greeting cards, custom graphic design, and photography) vary upon each inquiry through the contact form. Further discussion and agreement on the final price between you and KDV Creates LLC will be displayed in an emailed  invoice through Wix.com where you are responsible for completing the check-out payment process.

 

SECTION 4: RETENTION OF RIGHT TO CHANGE SERVICES AND PRODUCTS

 

Prices for our services or products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) or products without notice at any time.


 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5: WARRANTIES & RESPONSIBILITY FOR SERVICES AND PRODUCTS

 

We do not guarantee, represent or warrant that your use of our service or products will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.


 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


 

SECTION 6: OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS, AND LOGOS

 

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of KDV Creates LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. 

 

SECTION 7: TERMINATION

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.

 

You may discontinue use and request to cancel your account and/or any services at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 


Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

 

SECTION 8: INDEMNIFICATION

 

You agree to indemnify and hold KDV Creates LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services or products offered on the website.

 

SECTION 9: LIMITATION OF LIABILITY

 

To the maximum extent permitted by applicable law, in no event shall KDV Creates, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service or products.

 

To the maximum extent permitted by applicable law, KDV Creates LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or products; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

SECTION 10: RIGHT TO CHANGE AND MODIFY TERMS

 

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website, our service or products after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website, the services or products.

 

SECTION 11: PROMOTIONAL EMAILS AND CONTENT

 

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 13: PREFERENCE OF LAW AND DISPUTE RESOLUTION

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United States of America / Carrollton, TX], without respect to its conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

SECTION 14: CONTACT INFORMATION

 

If you have any questions about the terms of service, please contact us at kdvcreates@gmail.com