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Welcome to the Digital Art That Rocks website! The use of the website, www.digitalartthatrocks.com, and the tutorials (collectively, the “Services”) is governed by the following terms and conditions of use and privacy policy (“Legal Notices”). Our Services are provided by Digital Art That Rocks LLC, an Indiana limited liability company. By using our Services, whether you are a registered user or not, you expressly agree to these Legal Notices which are provisioned to protect both you and us.

Modification to Legal Notices

From time to time, we may modify or update our Legal Notices. If we do modify or update our Legal Notices, your continued use of our Services after the effectiveness of the modification or update will be deemed to represent your agreement with, and consent to be bound by, the new Legal Notices.

Content

Digital Art That Rocks LLC agrees to grant you a nonexclusive, nontransferable, limited and revocable license to access and use our Services/Content for personal, noncommercial use only. The term “Content” means all information, text, images, videos, trademarks, logos, data, links, software, or other material accessible through our website which was created by Digital Art That Rocks LLC. The Content may be used solely for personal, noncommercial informational purposes. No part our Services or Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

Refund/Return Policy

Once the Digital Art That Rocks Tutorial is purchased, Digital Art That Rocks LLC will not issue a refund. You will be provided a download link upon purchase of this tutorial, which is a digital product that can not be un-downloaded. Therefore, no returns or refunds are permitted. 

Prohibited Conduct

You are prohibited from posting on or transmitting through our website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material or content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

Use By Minors

If you are under 18, please do not attempt to access, post or register on our website.

Third Party Links

We may provide links through our website that will redirect you to leave our website. We cannot guarantee that the links made available through our website will be accurate in any respect. Furthermore, the third party websites accessed through these links or on your own using our Services are developed and maintained by entities over which we have no control. Accordingly, if you access any third party website, service, or content through these links or on your own, you do so on your own initiative and at your own risk, and you agree that we will have no liability arising from your use or access to any third party website, service or content. We believe that making available hyperlinks to publicly accessible websites and webpages is legally permissible and consistent with the common, customary expectations of those who make use of the internet.

Protecting Copyrights and Other Intellectual Property

We absolutely respect the intellectual property of others, and we ask you, our loyal users, to do the same. Digital Art That Rocks LLC complies with the federal Digital Millennium Copyright Act “DMCA”), the text of which may be found on the here (http://www.copyright.gov/legislation/dmca.pdf). We will promptly respond to notices of alleged copyright infringement or other intellectual property infringement that complies with the DMCA and other applicable laws.

Digital Art That Rocks LLC strives to provide the very best professional photography products, images and instructional videos. Digital Art That Rocks makes certain professional products, images and instructional videos available for sale via the Website. Any and all images presented in the purchased Digital Art That Rocks Tutorial Products may only be used solely for personal, noncommercial informational purposes. No image presented in the purchased Digital Art That Rocks LLC Tutorial/Product may be reproduced, resold or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

 

Orders For Digital Art That Rocks LLC’s Products, Images and Instructional Videos

Digital Art That Rocks LLC strives to provide the very best professional photography products, images and instructional videos. Digital Art That Rocks LLC makes certain professional products, images and instructional videos available for sale via the Website. Any and all images presented in the purchased Digital Art That Rocks LLC's Products may only be used solely for personal, noncommercial informational purposes. No image presented in the purchased Digital Art That Rocks LLC Product may be reproduced, resold or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

 

Should you purchase any Digital Art That Rocks LLC products, you agree to pay in full the prices for any purchases you make either by credit card or debit card concurrent with your online order. You agree to pay all applicable taxes. If payment is not received by Digital Art That Rocks LLC from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by Digital Art That Rocks LLC. Certain Digital Art That Rocks LLC products that you purchase and/or download through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download. Once the Digital Art That Rocks LLC product is purchased, absent extraordinary circumstances, Digital Art That Rocks LLC will not issue a refund as the Digital Art That Rocks LLC product is out of Digital Art That Rocks LLC's control.

 

Assumption of Risk

You assume all risk related to the use of our Services, including, but not limited to, all of the risks associated with any online or offline interactions with other users of our Services. You hereby represent, understand and expressly agree to take all necessary precautions when interacting with any user of our Services.

 

Disclaimer of Warranty

Our Services and Content are provided on an “as is” basis without warranty of any kind, whether express or implied. You acknowledge that we have no control over what third party content you access using our Services. Furthermore, we make no representation concerning any third party content accessed through our Services, and we are not responsible or liable for the accuracy, copyright compliance, legality or decency of any third party content you access through our Services.

 

DIGITAL ART THAT ROCKS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DIGITAL ART THAT ROCKS LLC DOES NOT REPRESENT OR WARRANT THAT ITS OFFERED SERVICES AND CONTENT IN THIS WEBSITE OR ANY THIRD PARTY WEBSITE ACCESSED BY OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. DIGITAL ART THAT ROCKS LLC DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

 

Limitation of Liability

IN NO EVENT SHALL DIGITAL ART THAT ROCKS LLC OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE, SERVICES OR CONTENT CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM Reliance by user on any information obtained from DIGITAL ART THAT ROCKS LLC, THIRD PARTY CONTENT ACCESSED THROUGH OUR SERVICES, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, error, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Digital Art That Rocks LLC records, SOFTWARE, CONTENT or services.

 

IN NO EVENT SHALL DIGITAL ART THAT ROCKS LLC or its members, officers, directors, employees or agent be liable for any DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM A USER’S CLIPPING OR DOWNLOADING INFORMATION VIA DIGITAL ART THAT ROCKS LLC SERVICES.

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIGITAL ART THAT ROCKS LLC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), DEFAMATION, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, UNAUTHORIZED ACCESS, USE OR TRANSMISSION OF CONTENT ARISING OUT OF OR RELATING TO THE USE OF DIGITAL ART THAT ROCKS LLC WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DIGITAL ART THAT ROCKS LLC FOR ACCESS TO OR USE OF THIS WEBSITE OR ITS SERVICES.

Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

 

Indemnification

By using our website and Services, you agree to indemnify, hold harmless and defend Digital Art That Rocks LLC, its officers, directors, members, employees and agents, from any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ and accounting fees, costs of defense of claims, suits or proceeding brought by third parties, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your use of our website and Services, (ii) your breach of any of our Legal Notices, (iii) your breach or infringement of any third party right, including without limitation any copyright, trademark, or privacy right, or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive our Legal Notices and your use of our website and Services.

 

No Implied Endorsements

In no event shall any reference to any third party or third party service or product be construed as an approval or endorsement by Digital Art That Rocks LLC.

 

Jurisdiction Outside the US

We make no representations that information on this website or through our Services is appropriate or available for use outside the United States. Users who choose to access this website and our Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

 

Termination

We may terminate any user’s access to our services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website or our Services.

 

Governing Law

These Legal Notices shall be governed and interpreted by the laws of the State of Indiana, without respect to its conflict of laws principles.

 

Binding Arbitration

Any dispute, claim or controversy (excluding claims for injunctive or other equitable relief which shall be determined by the United States District Court for the Northern District of Indiana) arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration under the Rules of the American Arbitration Association by three arbitrators in accordance with the commercial Arbitration Rules then in effect of the American Arbitration Association. Selection of the arbitrators shall be as follows: each party shall appoint one arbitrator within twenty (20 days after the parties have agreed to go to arbitration, and those two arbitrators shall appoint a third arbitrator who shall act as chairman, within a twenty (20) day period thereafter. If the parties fail to appoint the chairman within said period, the parties will apply to the American Arbitration Association for appointment of the third arbitrator. The parties agree to be bound by the findings of the arbitration. The arbitrators shall not be empowered to award punitive damages to any party. The non-prevailing party to the arbitration shall pay all the reasonable attorney’s fees and other costs and expenses incurred in connection with the prosecution or defense of such arbitration.

 

Severability

If any provision of these Legal Notices is deemed invalid, void or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Legal Notices will remain in full force and effect. Any failure by Digital Art That Rocks LLC to enforce these Legal Notices will not be construed as a waiver of any right or remedy of Digital Art That Rocks LLC.

 

Notification Procedures

We may from time to time notify users via email and postal mail; provided, however, we are not responsible for notifications not received due to an invalid email address, automatic email filtering, or invalid postal mail address for which you provide to Digital Art That Rocks LLC.

 

Entire Agreement

These Legal Notices and any amendments shall constitute the entire agreement between you and Digital Art That Rocks LLC concerning its Services.

 

IF YOU DO NOT AGREE TO ALL OF OUR LEGAL NOTICES, YOU MUST NOT USE OUR WEBSITE OR OUR SERVICES. BY USING OUR WEBSITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR LEGAL NOTICES AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


Privacy Policy


Welcome to Digital Art That Rocks LLC’s website! The use of our website, www.digitalartthatrocks.com and our tutorials (collectively, the “Services”) is governed by our terms and conditions of use and the following privacy policy (“Legal Notices”). Our Services are provided by Digital Art That Rocks LLC, an Indiana limited liability company. By using our Services, whether you are a registered user or not, you expressly agree to these Legal Notices which are provisioned to protect both you and us.

Information Collected from Users

We collect information from you in two ways: 1) some personal information is gathered when you purchase a product from the website and 2) some information is collected automatically when you use our Services, such as your Internet Protocol address, certain webpages that you visited, browser type and settings, the date and time of your use, how you used our Services, and cookie data.

Generally, we use this information to: 1) remind us who you are and to access your account information (stored on our computers) in order to deliver to you better, more personalized Services; 2) estimate the size of our user community; and 3) measure certain traffic patterns, and your visiting patterns in the aggregate.

Information we Share with Third Parties

As a general rule, we will not share or otherwise disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as we believe in good faith that the law requires it or under the following circumstances: 1) under confidentiality agreement, we may match user information with third party data; and 2) we may disclose aggregated user statistics (for example, 45% of our users are female) in order to describe our Services to prospective partners, advertisers, and other third parties, and for other lawful purposes.

Protecting Your Information

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our online Services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.


IF YOU DO NOT AGREE TO ALL OF OUR LEGAL NOTICES, YOU MUST NOT USE OUR WEBSITE OR OUR SERVICES. BY USING OUR WEBSITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR LEGAL NOTICES AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


“KIDS” NOTICE

Digital Art That Rocks LLC will not solicit and does not intend to collect personal information from people under eighteen (18) years of age. We will specifically instruct people under eighteen (18) not to submit personal information on the Web Site. If a person under eighteen (18) provides us with personal information and that person’s parent or guardian wants it removed from our records, the parent or guardian should contact us by sending an email to digitalartthatrocksllc@gmail.com. We will use reasonable efforts to delete the person’s information from our existing files. For additional information about parental control tools, please consult the “Consumer Assistance” page of the Direct Marketing Association home page (www.the-dma.org).


DIGITAL ART THAT ROCKS LLC reserves the right to change this Privacy Policy at any time but will use reasonable efforts to post a notice of such modifications within the Web Site.