Dynami reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify the Design Software, the Website, and/or this Agreement and to impose new or additional rules, policies, terms, or conditions on User's use of the Website and Design Software. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, features and conditions (collectively, the "Additional Terms") will be effective immediately, posted to the Website as this Agreement, and incorporated into this Agreement without notice to User. User's continued use of the Website and/or Design Software following the addition of Additional Terms will be deemed to constitute User's acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
By clicking the "I Accept" box and viewing the content, you represent and warrant that you are 18 years of age or older, a human capable of entering into a binding legal agreement (not a bot or other automated User), and have read, understand, and agree to be bound by all provisions of this Agreement. For purposes of this Agreement, the "Effective Date" shall mean the date on which you first accepted this Agreement by clicking the "I Accept" box.
All content, graphics, code, and software used on or incorporated into this Website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by Dynami. Dynami grants you permission to electronically download, copy, or print hard copies of pages from this Website solely for your internal use, and you may not remove the copyright, trademark, or other proprietary notices from such copies. You may not sell, publish, advertise, or otherwise distribute for commercial purposes any information or materials obtained from the Website. Any use of this Website or content or information contained herein other than for your own personal, non-commercial use is strictly prohibited, unless the written permission of Dynami is obtained first.
METALPRESSIONS and the LOGO displayed on the Website are trademarks of Dynami. All related marks are trademarks and servicemarks of Dynami. All rights in such trademarks and servicemarks are reserved.
Though Dynami uses reasonable efforts to ensure otherwise, this Website may contain typographical errors or other inaccuracies and may not be complete or current. Dynami reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time.
You must provide your full legal name, a valid email address, and other information requested by Dynami to open an account ("Account"). User shall be solely responsible for the unauthorized use and/or distribution of Login information and any resulting loss or damage from such unauthorized use and/or distribution. User shall be solely responsible for all text, data, graphics, images, photos and video files uploaded to the Website ("Content") and activity that occurs under your Account (even when Content is posted by others who have access to your Account). User shall also be solely responsible for the Designs created by using the Design Software under your Account (even when Designs are created by others who have access to your Account).
User shall not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Website or Design Software. User shall not directly or indirectly modify, translate, decompile, create or attempt to create, by reverse engineering or otherwise, the object or source code of the Design Software. User acknowledges that it will only be permitted to utilize the Design Software for its intended purpose (when using the Website).
You are solely responsible for cancelling your Account by written email requests to [email protected]. Dynami may immediately, and in its sole discretion, suspend access to or terminate your Account. Once your Account is cancelled or terminated, Dynami will delete your Content from the Design Software but may retain your Designs.
You may use the Design Software free of charge provided that you purchase jewelry bearing the Designs from Dynami. In the event you use the Design Software to purchase jewelry from another company, you agree to pay Dynami $250 for each Design. If you are a jewelry company and use the Design Software to design jewelry for resale to customers, you agree to pay $2500 monthly for such use.
The Design Software is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, or refunds for months unused. Prices for the Design Software are subject to change upon 30 day's notice from Dynami. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
If payment is not made within 30 days of receiving an invoice, Dynami reserves the right to terminate User's Account.
User represents and warrants that it owns the Content and Designs or has the legal right and authority to use the Content and Designs in the manner contemplated by this Agreement. User hereby grants to Dynami a worldwide, non-exclusive, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, access, view, copy, adapt, modify, distribute, publicly display, publicly perform, stream, sell, market and broadcast the Content and Designs in all existing and future media.
User shall not upload, post, email or otherwise transmit any Content or other materials or create any Designs: (i) that User does not have a right to broadcast, display, reproduce, or transmit under any law or under contractual or fiduciary relationships or by consent (such as, and where applicable, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (ii) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or (iii) that intentionally or unintentionally violates any applicable local, state, national, or international law, including, but not limited to, any regulations having the force of law.
Dynami does not pre-screen Content nor review Designs, but Dynami has the right in its sole discretion to remove any Content and/or Designs and to refuse to make jewelry incorporating the Content and/or Designs.
Dynami provides this Website, its contents, and any and all products, services, and information described or provided herein on an "as is" basis. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY MATERIALS FOUND ON THIS WEBSITE IS AT YOUR SOLE RISK. DYNAMI EXPRESSLY DISCLAIMS WARRANTIES OF EVERY KIND, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, OR PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH OR RECOMMENDED BY THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SPECIFICALLY, DYNAMI DOES NOT REPRESENT OR WARRANT THAT ITS PRODUCTS WILL BE ERROR FREE AS SLIGHT VARIATIONS IN PLACEMENT MAY OCCUR AS THE PRODUCTS ARE HAND MADE. ADDITIONALLY, DYNAMI'S HAND MADE, CUSTOMIZED PRODUCTS MAY VARY SLIGHTLY IN SIZE AND THICKNESS FROM THE WEIGHTS AND DIMENSIONS REPRESENTED ON THE WEBSITE.
DYNAMI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DYNAMI OR ANY OTHER PARTIES INVOLVED IN CREATING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF DYNAMI OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL DYNAMI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED TWENTY DOLLARS ($20).
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD, ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THIS WEBSITE, WHETHER THE CLAIM GIVING RISE TO SUCH LIABILITY IS RELATED TO BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
By using this Website, Design Software or accessing any information herein, you agree that any dispute between the parties arising out of or relating to the Website, Design Software or Application shall be submitted to arbitration pursuant to the Arbitration Rules of the American Arbitration Association except that each party retains the right to bring an individual action in a magistrate or other small claims court and the right to seek injunctive or other equitable relief to prevent a violation of the party's intellectual property rights solely in the state or federal courts located in Chatham County, Georgia. Any such arbitration shall be held in Savannah, Georgia, or another location if mutually agreeable to the parties. The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. In the event that Dynami is forced to mediate, arbitrate or litigate any aspect of this Agreement or any dispute related thereto because of User's breach, User shall pay all of Dynami's expenses related thereto, including without limitation, attorney's fees.
WAIVER OF JURY TRIAL: EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY ON ANY CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION OR CAUSE OF ACTION, NOT RESOLVED BY ARBITRATION OR MEDIATION, (A) ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR EXECUTED OR DELIVERED IN CONNECTION WITH THIS AGREEMENT OR (B) IN ANY WAY CONNECTED WITH OR RELATED TO OR INCIDENTAL TO ANY DEALINGS OF THE PARTIES HERETO WITH RESPECT TO THIS AGREEMENT, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. ALL PARTIES AGREE THAT ANY ONE OF THEM MAY FILE A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY, AND BARGAINED FOR AGREEMENT BETWEEN THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY, AND THAT ANY DISPUTE OR CONTROVERSY WHATSOEVER BETWEEN THEM SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
Dynami's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties' intentions and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or Design Software must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may direct any questions concerning this Agreement or notices required by this Agreement to:
P.O. Box 15578
Savannah, GA 31416
Email: [email protected]
This Agreement constitutes the entire agreement between you and Dynami with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Dynami may amend or modify this Agreement at any time by posting the new terms on its Website. This Agreement may not be otherwise amended except in a written document signed by you and Dynami.