This document sets out the terms and conditions between you (the customer) and December Seas (“us,” “we,” “our”) governing the use of our website and our downloadable files, including the content therein (the “products”). Every time you visit this website, use its services, or make a purchase, you accept the following conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download, or use any of our products.
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
License and Use
Your purchase of one of our products constitutes our granting to you a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and to print or convert the product to another document format for your own storage, retention, and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share, or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
If you send us an email or other written communication, you hereby consent to receive communications from us so we can reply to your message. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Visitors may post content, including but not limited to comments and reviews. By posting your content, you grant December Seas a non-exclusive, royalty-free right to display your content on our website unless you either delete the comment or contact us in writing to have it removed. We reserve all rights to remove content that is illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or injurious in any other way to third parties.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content, and cancel orders at our sole discretion.
Refunds and Chargebacks
All sales of digital products are final. Any refunds shall be at our sole and absolute discretion. You agree that any payments made by you for any of our products are final. You agree to contact us to resolve any issues instead of initiating a chargeback via your payment provider. We reserve the right to alter any of our prices.
Warranties and Liability
We provide no warranties as to the function or use of the product, whether express, implied, or statutory. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any 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.
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof.
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court of California. You consent to exclusive jurisdiction and venue of such courts.
Please do not hesitate to contact us regarding any matter relating to these terms of service via email to [email protected]
115 W California Blvd #9168
Pasadena, CA 91105