Terms & Conditions
These Terms and Conditions ("Agreement") govern your use of the digital products and physical products ("Products") provided by Dream Sparkle Shine ("Company"), including but not limited to software, applications, websites, and tangible goods. By accessing or using the Products, you agree to be bound by this Agreement. If you do not agree with these terms, please refrain from using the Products.
1. License and Use
1.1 Grant of License: Subject to your compliance with this Agreement, the Company grants you a non-exclusive, non-transferable, revocable license to use the digital Products for personal or internal business purposes and the physical Products for personal use, in accordance with the terms specified herein.
1.2 Restrictions: You shall not modify, reproduce, distribute, sell, lease, sublicense, or create derivative works based on the Products, unless explicitly authorized by the Company. Reverse engineering, decompiling, or disassembling the digital Products is strictly prohibited.
2. Intellectual Property Rights
2.1 Ownership: All intellectual property rights in the Products, including but not limited to copyrights, trademarks, trade secrets, and patents, shall remain the sole property of the Company.
2.2 Feedback: You may provide suggestions, feedback, or ideas regarding the Products ("Feedback"). By submitting Feedback, you grant the Company a perpetual, irrevocable, royalty-free, worldwide license to use, modify, publish, and sublicense the Feedback for any purpose, without any obligation to compensate you.
3. Payment and Refunds
3.1 Payment: The Company may charge a fee for certain Products. By purchasing a Product, you agree to pay the specified amount in the manner provided by the Company.
3.2 Refunds: Unless explicitly stated otherwise, all purchases are non-refundable. For physical Products, if you receive a damaged or defective item, you must notify the Company within 7 days of receipt to be eligible for a replacement or refund. The Company reserves the right to issue refunds or credits at its sole discretion.
4. Disclaimer of Warranty
4.1 Digital Products: THE DIGITAL PRODUCTS ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE DIGITAL PRODUCTS WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE.
4.2 Physical Products: THE PHYSICAL PRODUCTS ARE PROVIDED WITH WARRANTIES AS SPECIFIED BY THE MANUFACTURER. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE PRODUCTS. THE COMPANY'S TOTAL LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE PRODUCTS.
6. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Products or your violation of this Agreement.
7. Modifications and Termination
The Company reserves the right to modify or terminate the Products or this Agreement at any time, without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or termination of the Products or this Agreement.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Your Country/State. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Your Country/State.
9. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company, superseding any prior or contemporaneous communications and proposals, whether oral or written, relating to the Products.
If you have any questions or concerns regarding these Terms and Conditions, please contact us at hello@dreamsparkleshine.net.
By using the Products, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.