Last updated: October 7, 2024
Please read these Terms and Conditions carefully before using Our Service, operated by DarkXpose.com.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to Buzzy Daily LLC., located at 63461 1st Street West, Culbertson, MT 59218.
- Country refers to: United States.
- Content refers to text, images, and other materials posted, linked, or otherwise made available by You or the Company, including product descriptions and digital files.
- Digital Product means any product offered for sale on the Service that is delivered electronically, such as e-books, templates, or downloadable files.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Goods refer to the physical products (clothing, accessories, general merchandise) and Digital Products offered for sale on the Service.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service and the sale of Goods.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to DarkXpose.com, accessible from https://www.darkxpose.com.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
- You represent that you are over the age of 18 or that you have reached the age of majority in your jurisdiction. The Company does not permit those under the age of majority to use the Service without parental or guardian consent.
- Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which is also available on the Website.
Placing Orders for Goods
By placing an order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, billing address, shipping address, email address, telephone number, and payment information.
Product Availability, Errors, and Descriptions
- We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding the Goods on the Service and in Our advertising.
- We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
OEM and Private Label Disclosure
- You acknowledge that our physical Goods (clothing, accessories) are often sourced through an Original Equipment Manufacturer (OEM) or Private Label model. This means the products are manufactured to our specifications and exclusively branded by us.
- The appearance of the product on the Website is representative. Slight variations in color, size, or material may occur due to manufacturing processes, and these variations do not constitute a defect or failure to meet the description.
Digital Products and Licensing
When purchasing a Digital Product from the Service, You agree to the following conditions:
- No Physical Delivery: Digital Products are delivered electronically, and no physical item will be shipped.
- License Grant: The Company grants You a non-exclusive, non-transferable, revocable license to use the Digital Product for the specific use outlined in the product description (e.g., personal use, limited commercial use). You may not sell, redistribute, or use the Digital Product to create a competing product.
- No Right of Return/Refund: Due to the nature of digital goods, all purchases of Digital Products are final and non-refundable, except as required by applicable law or explicitly stated in a separate Digital Goods Refund Policy.
Returns, Refunds, and Shipping Policy
All purchases of physical Goods are subject to our Return and Refund Policy and our Shipping Policy, which form a part of these Terms and Conditions. Please review those policies carefully before making a purchase.
- By purchasing physical Goods, You acknowledge that the risk of loss and title for such items pass to You upon our delivery to the carrier.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions (such as attempting to purchase unauthorized goods using a stolen payment method, or violating the Digital Product license).
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms).
“AS IS” and “AS AVAILABLE” Disclaimer
The Service and all Goods are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service and the Goods, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
The Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, operate without interruption, or be error-free.
Governing Law and Disputes Resolution
Governing Law
The laws of the Country (as defined above), excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company via the “Contact Us” section below.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
- By visiting this page on our website: [contact us]