Terms and Conditions

1. Legal Compliance

By using our services, you agree to:

• • Comply with all applicable local, state, national, and international laws and regulations
• • Ensure you have the legal right and authority to enter into these terms
• • Refrain from any activity that would violate laws or regulations in your jurisdiction
• • Maintain compliance with export controls and sanctions regulations

2. Conduct Requirements

You agree to conduct yourself professionally and respectfully when interacting with our website and team. Prohibited behaviors include:

• × Harassment, threats, or abusive language toward our team or other users
• × Discrimination based on race, gender, religion, nationality, disability, or other protected characteristics
• × Misrepresentation of your identity, affiliation, or intentions
• × Attempting to defraud or deceive Visual Craft or other users

3. Content Guidelines and Restrictions

When submitting content or information through our website, you must ensure it:

• • Does not infringe on any third-party intellectual property rights
• • Does not contain viruses, malware, or other harmful code
• • Does not violate privacy rights or contain unauthorized personal information
• • Is accurate, truthful, and not misleading
• • Does not contain illegal, offensive, or inappropriate material

4. Indemnification

You agree to indemnify, defend, and hold harmless Visual Craft, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights.

5. Privacy and Data Protection Compliance

You acknowledge that you have read and understood our Privacy Policy and Cookie Policy. You agree to our collection, use, and processing of your personal information as described in those policies. You are responsible for ensuring that any personal data you provide complies with applicable data protection laws.

6. Third-Party Interactions

If our services facilitate interactions with third parties, you are solely responsible for your dealings with those parties. We are not responsible for the actions, content, or services of third parties, and we make no warranties regarding such interactions.

7. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
• • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• • WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• • WARRANTIES REGARDING RESULTS OR OUTCOMES FROM USING OUR SERVICES

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISUAL CRAFT SHALL NOT BE LIABLE FOR ANY:

• • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• • LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• • DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OUR SERVICES
• • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA OR COMMUNICATIONS
• • DAMAGES ARISING FROM THIRD-PARTY CONTENT, ACTIONS, OR SERVICES

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100 USD), WHICHEVER IS GREATER.

9. Exclusion of Consequential Damages

We shall not be liable for any consequential, incidental, or indirect damages, including but not limited to loss of anticipated profits, loss of data, loss of business reputation, or any other pecuniary loss, even if we have been advised of the possibility of such damages. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.

10. Force Majeure

We shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, governmental actions, power outages, internet disruptions, or failures of third-party services.

11. Professional Disclaimer

The information and services provided on our website are for general informational purposes and should not be considered as professional advice. While we strive for accuracy, we make no representations about the completeness, accuracy, or suitability of any information. You should consult with appropriate professionals before making decisions based on information from our website.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13. Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these terms or your use of our services shall be instituted exclusively in the state or federal courts located in Los Angeles County, California. You waive any objection to venue in such courts and consent to personal jurisdiction in such courts.

14. Dispute Resolution Procedures

In the event of any dispute arising from these terms or our services:

• 1. You agree to first attempt informal resolution by contacting us directly
• 2. We will work in good faith to resolve disputes within 30 days
• 3. If informal resolution fails, disputes may proceed to mediation before litigation
• 4. Each party shall bear its own costs during dispute resolution

15. Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

17. Entire Agreement

These Terms and Conditions, together with our Terms of Service, Privacy Policy, and Cookie Policy, constitute the entire agreement between you and Visual Craft regarding your use of our website and services. These terms supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

18. Assignment

You may not assign or transfer these terms or any rights granted hereunder without our prior written consent. We may assign these terms or any rights or obligations hereunder without restriction. Any attempted assignment in violation of this section shall be void.

19. Waiver

No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

20. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated by posting the revised terms on this page with an updated "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the modified terms. It is your responsibility to review these terms periodically.