Terms & Conditions

Terms and Conditions

Effective Date: 09/10/2023

1. Acceptance of these Terms

By accessing and using the DottieDigitals website located at DottieDigitals.com (“DottieDigitals”) or any DottieDigitals products and services provided to you from or through the DottieDigitals website (collectively the “Service”), you signify your agreement (whether on behalf of yourself or the entity that you represent) to the terms and conditions (“Terms of Service”) herein and DottieDigitals’ Privacy Policy, found at DottieDigitals Privacy Policy, incorporated herein by reference.

If you do not agree to any of the terms in this Terms of Service, please do not access and/or use the Service.

You may not access or use the Service if you are not at least the legal age of your country of residence.

DottieDigitals may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to such modifications or revisions by your continual usage of the Service. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service

These Terms of Service set forth the legally binding terms and conditions that apply to all users of the Service, including users who contribute content on the Service.

3. Accounts

In order to use certain features of the Service, you will need to register for an account (“Account”) and provide accurate and complete information. You represent that (a) all information submitted by you is truthful and accurate, and (b) you will maintain the accuracy of such information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must immediately notify DottieDigitals of any unauthorized use of your Account or any breach of security. DottieDigitals will not be liable for any loss or damage arising from the unauthorized use of your Account, and you may be liable for the losses of DottieDigitals due to such unauthorized use.

You may delete your Account at any time, for any reason, by following the instructions on the Service. DottieDigitals may terminate your Account in the event you have breached these Terms of Service.

**4. Access to the Service**

DottieDigitals hereby grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service, provided that:

– You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any part of the Service or any content displayed on the Service without DottieDigitals’ prior written authorization.
– You shall not modify or alter any part of the Service.
– You shall not access the Service through any technology or means other than the technology provided on the Service or other authorized means DottieDigitals may designate.
– You shall not sell access to the Service or sell advertising, sponsorships, or promotions within the Service or the content on the Service without DottieDigitals’ prior written approval.

DottieDigitals reserves the right at any time to modify, suspend, or discontinue the Service with or without notice to you. You agree that DottieDigitals will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service. You further agree that DottieDigitals will have no obligation to provide you with any support or maintenance in connection with the Service.

Unless otherwise indicated, any future release, update, or other added functionality of the Service shall be subject to these Terms of Service.

You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names, from the Service or to use the communication systems provided by the Service for any solicitation purposes.

Except as otherwise expressly stated herein, DottieDigitals is made available on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. Except as otherwise expressly stated herein, DottieDigitals, its employees, directors, and officers, and anyone else associated with DottieDigitals disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that your usage of DottieDigitals will be uninterrupted, error-free of computer viruses, or other damaging materials. When the website is accessed and used, you do so at your own risk. DottieDigitals, its employees, and officers, and anyone else acting on behalf of DottieDigitals also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. DottieDigitals, its employees, directors, officers, and anyone else associated with or acting on behalf of DottieDigitals make no representation or warranty that your use of Content will not infringe or violate the trademark rights of any third party or constitute a false designation of origin or any other form of unfair competition.

**5. Ownership**

You acknowledge that all trademarks, service marks, copyrights, and logos (“Marks”) on the Service are owned by DottieDigitals or licensed to DottieDigitals. Neither these Terms of Service nor your access to the Service transfers to you or any third party any rights, title, or interest in or to such Marks, except as otherwise provided in these Terms of Service.

**6. User-Generated Content**

This website may include information and materials uploaded by other users of the site, including access to community features or functionality. The relevant user shall be solely responsible for User-Generated content, and the relevant user assumes all risks associated with the use of User-Generated content, including any reliance on its accuracy, completeness, or usefulness by others.

Purchased products will be available for download on the purchase page as long as the product is available on the designer’s store. Designers may remove their product(s) at any time from their store, and DottieDigitals will not be able to retrieve any removed products. Hence, upon any purchase, immediately download the product(s) and store them on your computer.

You further agree that DottieDigitals is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by you or by other users. Any interaction between users is solely within the users, and DottieDigitals will not be responsible for any loss or damage incurred as a result of such interactions.

**7. Your Content**

“Your Content” means any and all information and content that you submit or use with the Service, including content found on your profile or posts.

As an Account holder, you may submit Your Content on the Service. You shall be solely responsible for Your Content, and you assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness, or usefulness by others or any disclosure of Your Content that personally identifies you or any third party.

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use Your Content, and you hereby grant DottieDigitals an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display

, perform, prepare derivative works, and otherwise exploit Your Content and to grant sub-licenses of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

You further agree that DottieDigitals is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by you or by other users. Any interaction between users is solely within the users, and DottieDigitals will not be responsible for any loss or damage incurred as a result of such interactions.

**8. Third-Party Links and Advertisements**

The Service may contain links to third-party websites and/or advertisements for third parties. These websites and advertisements are not owned or controlled by DottieDigitals and assume no responsibility for the content, privacy policies, or practices of these websites and advertisements. In addition, DottieDigitals will not and cannot censor or edit the content of any third-party website. By using the Service, you acknowledge and agree that DottieDigitals shall not be responsible for your use of any third-party website. Your use of all third-party websites and advertisements is at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party websites and advertisements, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such websites and advertisements.

**9. Intellectual Property Rights**

You further agree that you are obtaining only a limited license to use and access the Service expressly set forth in Section 6 and that no ownership rights are being conveyed to you. DottieDigitals retains all right, title, and interest (including all patent, copyright, trademark, trade secret, and other intellectual property rights) in and to the Service, all related and underlying technology and documentation, and any derivative works or modifications. Further, you agree that the Service is offered as an online, hosted solution, and that you have no right to obtain a copy of any code underlying the Service. You may submit comments, questions, suggestions, or other feedback relating to DottieDigitals (“Feedback”), and you agree that DottieDigitals may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports, or suggestions you provide to DottieDigitals regarding the Service, without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

**10. DMCA Notice**

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and it is accessible on this Service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to DottieDigitals’ designated agent that includes substantially the following:

– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
– Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that Service;
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DottieDigitals to locate the material;
– Information reasonably sufficient to permit DottieDigitals to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
– A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written notification to the following Designated Agent of DottieDigitals at the email address: [insert email address].

Written notifications may also be sent to the below address, but please note there may be a significant delay in receiving your notice:

[Insert Address]

**11. DMCA Counter-Notifications**

If you believe in good faith that your content was wrongly removed in response to a copyright complaint, you may send a counter-notification to our Designated Agent, as mentioned in Section 10 above, containing the following information:

– Your physical or electronic signature;
– Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing specific URLs is recommended);
– A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification

of the material;
– Your name, address, telephone number, and email address; and
– A statement that (i) you consent to the jurisdiction in the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, that you consent to jurisdiction in the [insert relevant jurisdiction], and (ii) you will accept service of process from the person who provided notification of the alleged infringement (or an agent of such person).

**12. Counter Repeat Infringer Policy**

DottieDigitals is committed to complying with the DMCA and requires all users of the Service to comply as well. In order to protect the rights of copyright holders, DottieDigitals implements a repeat infringer policy under which it may terminate the accounts of users who repeatedly violate the DMCA. DottieDigitals’s repeat infringer policy is implemented seriously. A user may be a “repeat infringer” due to multiple copyright complaints against them within a certain period of time; however, DottieDigitals reserves the right to terminate a user upon receiving any number of DMCA notifications from content owners. If a user’s account is terminated pursuant to DottieDigitals’s repeat infringer policy, the user will be notified.

**13. Aggregated Anonymous Data**

Notwithstanding anything to the contrary herein, you agree that DottieDigitals may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Service, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Service, and/or the development of other products or service capabilities. You further agree that DottieDigitals may disclose to third parties aggregate data derived from customer data or from any other data related to the Service (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by DottieDigitals from or with use of such data will be, in each case, the sole and exclusive property of DottieDigitals; and you hereby assign all of your title and interest, if any, in and to such items to DottieDigitals without any fees and without rights to future royalties.

**14. Account Termination Policy**

Subject to this Section, these Terms of Service will remain in full force and effect while using the Service. DottieDigitals will terminate your access to the Service if, under appropriate circumstances, you are determined to be a repeat infringer.

DottieDigitals reserves the right to decide whether Your Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. DottieDigitals may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate your account for submitting such material in violation of these Terms of Service.

**15. Warranty Disclaimer**

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DOTTIEDIGITALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. DOTTIEDIGITALS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND 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 AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. DOTTIEDIGITALS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DOTTIEDIGITALS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE SITE AND/OR SERVICE, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.

**16. Limitation of Liability**

IN NO EVENT SHALL DOTTIEDIGITALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY,

CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT DOTTIEDIGITALS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

**17. Indemnity**

You agree to defend, indemnify, and hold harmless DottieDigitals, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

**18. Ability to Accept Terms of Service**

You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

**19. Assignment**

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DottieDigitals without restriction.

**20. General**

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over DottieDigitals, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and DottieDigitals that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.

These Terms of Service, together with the Privacy Notice and any other legal notices published by DottieDigitals on the Service, shall constitute the entire agreement between you and DottieDigitals concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DottieDigitals’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. DottieDigitals reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

**21. Contact Information**

If you have any questions about these Terms of Service or the Service, please contact us at [insert contact information].

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Please remember to consult with a legal professional to ensure that these terms and conditions are compliant with the laws and regulations applicable to your specific website and jurisdiction. Additionally, you may want to consider including clauses related to dispute resolution, governing law, and any specific disclaimers or policies that are relevant to your website’s content or services