Terms of Service
Terms of Service
Please review our terms in full, but here are two key points:
1. All sales are final. As digital products can’t be returned, we are unable to issue refunds. However, if you’re experiencing a technical issue of any kind, please reach out to our support, and we will definitely accommodate however necessary, including refunds.
2. Save us both the time and headache, and don’t recreate and sell our products as your own. We will find you. Easily. And it’s just not very nice.
These Terms constitute a binding agreement between You and Red Velvet Art, LLC. (“A Beautiful Mess”), and are deemed accepted by You and A Beautiful Mess. Your access to or use of the Website indicates Your acceptance to these Terms. If You do not accept these Terms stated here, do not use the Website. A Beautiful Mess reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms, because they are binding on You.
“A Beautiful Mess Product (s)” mean and refer to any products, digital or physical, purchased from A Beautiful Mess or through the Website.
“We,” “Us,” and “Our” mean and refer to A Beautiful Mess.
“You,” “Your,” and “User” mean and refer to all individuals and/or entities who are accessing or using the Website or A Beautiful Mess Products for any reason.
You agree and warrant that You will not use the Website in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Website in a manner that A Beautiful Mess deems objectionable. A Beautiful Mess reserves the right to restrict, suspend, or terminate Your access to the Website without notice for any reason.
You agree that You will access the Website only through the interfaces provided. You agree not to reverse-engineer or otherwise hack the Website, take any actions that damage the Website or its security, or interfere with other users’ use of the Website.
PURCHASES THROUGH WEBSITE
Downloads & Delivery. A Beautiful Mess shall deliver the A Beautiful Mess Products that You purchase via email.
Pricing. Except where otherwise noted, the list price displayed for any A Beautiful Mess represents the full price, minus any sales tax, of such A Beautiful Mess Product. Despite Our best efforts, items may be mispriced.
Refunds and Exchanges. As all products currently sold are digital, easily reproducible, and therefore are not verifiably returnable, we do not allow refunds or exchanges at this time.
The Website is protected under patent, copyright, trademark, and/or other laws. The Website and all Website contents are the property of A Beautiful Mess or its licensors. The compilation, collection, arrangement, or assembly of all content on the Website is the exclusive property of A Beautiful Mess and protected as well.
Unauthorized use of the Website may violate applicable laws and is strictly prohibited. You may not copy the Website or any part thereof without A Beautiful Mess’ prior written authorization. Any code or software code that A Beautiful Mess creates to generate or display the Website are also protected by A Beautiful Mess’ copyrights, and You may not copy or adapt such code.
TO THE FULLEST EXTENT POSSIBLE BY LAW, A BEAUTIFUL MESS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY A BEAUTIFUL MESS PRODUCT WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND A BEAUTIFUL MESS’ SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, A BEAUTIFUL MESS IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND THE A BEAUTIFUL MESS PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. A BEAUTIFUL MESS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. A BEAUTIFUL MESS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE WEBSITE. A BEAUTIFUL MESS MAKES NO WARRANTY WITH REGARD TO ANY OF THE A COLOR STORY PRODUCTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL A BEAUTIFUL MESS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A BEAUTIFUL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL A BEAUTIFUL MESS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR A BEAUTIFUL MESS PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO A BEAUTIFUL MESS FOR THE A BEAUTIFUL MESS PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN A BEAUTIFUL MESS AND YOU.
You agree to defend, indemnify, and hold harmless A Beautiful Mess, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any improper use of the Website, or (ii) Your breach of these Terms. A Beautiful Mess shall provide notice to You promptly of any such claim, suit, or proceeding.
TERM AND TERMINATION
These Terms will remain in full force and effect while You are a User of the Website. A Beautiful Mess reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your access to the Website and immediate termination of Your registration with or ability to access the Website and/or any other services provided to You by A Beautiful Mess, upon any breach by You of these Terms. Even after You are no longer a User of the Website, the provisions of these Terms will remain in effect.
Links. The Website contains many links to third-party websites. These links are provided solely as a convenience and not as an endorsement by A Beautiful Mess of the contents on such third-party websites. A Beautiful Mess is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If You decide to access linked third-party websites, You do so at Your own risk.
Commercial Use. You agree not to make any unauthorized commercial use of the Website.
Access Outside the United States. A Beautiful Mess makes no claims that the Website may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
Governing Law. These Terms are governed by the internal substantive laws of the State of Missouri. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Springfield, Missouri. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, A Beautiful Mess’ failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect A Beautiful Mess’ ability to enforce such term at any point in the future.
Waiver. Waiver of any specific term of these Terms shall not be deemed a further or continuing waiver of such term or of any other terms.
Headings. Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
Effective Date. These Terms are effective as of May 1, 2020.