Terms of Service
Last Revised: January 3rd, 2021
This website is operated by Audication Creations, LLC . Throughout the site, the terms “we”, “us” and “our” refer to Audication Creations, LLC which offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
AUDICATION CREATIONS SUBSCRIPTION TERMS & CONDITIONS
Subscriptions. We offer subscription plans that provide you with Audication Creations LLC. products on a periodic basis. We offer different subscription plans, with different offerings, features, and benefits. You can find the specific details regarding your subscription at any time by logging on to the site and viewing “Subscriptions” on your account page. Audication Creations LLC., in its sole discretion, selects the specific products included in your subscription plan based on the plan you have chosen. Because the subscription plans are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
Billing. By providing a credit card or other payment method accepted by Audication Creations LLC. (“Payment Method”) for your subscription, you are expressly agreeing that we are authorized to charge to your Payment Method a recurring subscription fee and any taxes applicable to your subscription. The interval of time between each recurring payment due date shall correspond to the term of your subscription and be referred to as a “billing period.” We will automatically bill the subscription price, plus any applicable taxes, every billing period to your Payment Method (or to a different payment method if you change your account information). In order to avoid billing for the next period’s subscription price, you must cancel your subscription prior to midnight Eastern Time on the last day before the scheduled “Next payment” day for your subscription plan, which will be clearly stated in the “Subscription Details” section of your account on the site.
We automatically bill your Payment Method on the calendar day corresponding to the commencement of your subscription. If a given month does not have the calendar day on which your subscription commenced, we will automatically bill you on the last day of that month. For example, a subscription starting on January 31st will bill on February 28th (or 29th in a leap year), then March 31st, April 30th, and so on. To see the next date you will be billed, log on to your account on the Audication Creations LLC.’ site and view the “Subscription Details” page.
You acknowledge that the timing of when you are billed and the amount billed each billing period may vary, including for example due to free trials and other promotional offers, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts.
We reserve the right to amend our billing schedule without notifying you. We also reserve the right to change the terms of your subscription, including price, from time to time, effective as of your next payment date following the date of the change. If Audication Creations LLC. Changes the subscription fee or other charges for your subscription, we will give you advance notice of these changes. However, we will not be able to notify you of changes in any applicable taxes.
Ongoing Subscription and Cancellation. Your subscription will continue in effect on a recurring basis (which is monthly for all subscription plans unless stated otherwise) unless and until you cancel your subscription or we terminate it. You may cancel at any time. To cancel, visit the site and click on the “Subscription” section of your account, then click “Manage” to arrive at the “Subscription Details” page. Then click on “Cancel Subscription” and follow the instructions until cancellation is confirmed on the screen. If you have multiple subscription plans in place, you will need to go through this process for each individual subscription plan to ensure that all of your subscription plans have been successfully cancelled.
If you cancel your subscription, cancellation will be effective as of the date you cancel – this means that you will receive any products included in your subscription and paid for prior to cancellation, but will cease to receive products thereafter.
You must cancel your subscription before the “Next payment” day for your subscription plan, which will be clearly stated in the “Subscription Details” section of your account on the site, in order to avoid billing for the next billing period’s subscription price to your Payment Method.
Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
Changes to Payment Method. If you want to use a different Payment Method than the one you signed up to use during your initial subscription purchase, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging on to the Audication Creations, LLC. site and viewing your account details. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. If your payment details change, your card provider may provide us with updated card details. We may use these new details for future subscription fees in order to help prevent any interruption to the subscription plan you have signed up for.
Free Trials. On occasion, we may offer free trials to a particular subscription plan for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. Audication Creations, LLC. reserves the right to determine eligibility for free trials. To view the specific details regarding your free trial, if any, log in on the Audication Creations, LLC. site and view your account details.
Once your free trial period ends, we will begin billing your Payment Method for your recurring subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from Audication Creation, LLC. that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day before the scheduled “Next payment” day for your subscription plan, which will be clearly stated in the “Subscription Details” section of your account on the site. You may cancel your subscription at any time as described in the “Ongoing Subscription and Cancellation” section of these Terms. We will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you cancel or the account or applicable subscription plan is otherwise suspended or discontinued pursuant to these Terms.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER CONTENT POLICY
User Content License. We do not claim any ownership rights in your User Content, and you remain the owner of any intellectual property rights that you have in your User Content. By submitting, uploading, posting, or providing any User Content on or through our services or by emailing User Content directly to us via any email address available on our site, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute, publish, adapt, modify, translate, create derivative works from, publicly perform and publicly display your User Content, in any media now known or later developed, for the purposes of developing, distributing, promoting and providing our site and its features. We may include your name or username in connection with the use of your User Content, and you hereby grant us the right to do so. You represent and warrant that you own or otherwise control all of the rights to your User Content, and that the use of your User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
Prohibited Content. When submitting, uploading, posting, emailing or otherwise providing User Content to us or when providing User Content for personalizing any products, you must not include content that
- infringes intellectual property rights, including any trademark, copyright, patent, trade secrets, moral rights, or other proprietary rights;
- constitutes libel, defamation, or violations of rights to privacy or publicity;
- violates the law or encourages violation of the law, or depicts illegal activities, drugs, drug abuse, or non-incidental depiction of alcohol, tobacco, gambling, or weapons;
- is, in the view of a reasonable person, harassing, threatening, abusive, harmful, vulgar, profane, obscene, or excessively violent;
- is, in the view of a reasonable person, discriminatory based upon race, ethnicity, religion, national origin, sexual orientation, gender, gender identity, or disability;
- is pornographic or obscene or depicts nudity; or
- is harmful in any way to minors, including sexual or suggestive content involving minors.
You also may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content.
Right to Refuse, Monitor or Remove. We reserve the right, but do not have an obligation, to monitor or review any User Content or activity on the site or its services, to investigate alleged or suspected violations of these Terms of Service or to otherwise administer and operate the site and its services, at any time and in our sole discretion, and we may disclose any User Content or activity if we believe that disclosure is reasonably necessary to comply with any law, regulation, legal process or government request. We also reserve the right to remove or refuse to publish any User Content, in whole or in part, or to take other actions, if we believe that such User Content may violate these Terms of Service, the law or any third-party rights, or for any other reason or no reason, without notice or liability, at any time and in our sole discretion. Other actions we may take include refusing to process or complete your orders, terminating your accounts terminate or other services provided to you, and/or reporting you to law enforcement authorities. Audication Creations, LLC. also reserves the right to take any action against content even if not address by this User Content Policy. You agree that we will not be liable for any use of your User Content by us in accordance with these Terms of Service. You also agree that Audication Creations, LLC. reserves the right to enforce, or not enforce, these policies in its sole discretion, and these policies do not create a duty or contractual obligation for Audication Creations, LLC. to act in any particular manner.
No Endorsement. We do not endorse or make any representations or warranties as to the accuracy, completeness, truthfulness or reliability of any User Content or any advice, ideas or information communicated on or in connection with the site and its services by any users or other third parties. You agree that any reliance by you on any such advice, ideas or information is solely at your own risk. You agree that we have no obligation to review or screen any User Content before it is published on the site and its services or incorporated in the services, and you acknowledge that by using the services, you may be exposed to User Content that is inaccurate or misleading or that you otherwise find objectionable. You agree that we will not be liable or responsible for the User Content of any other user.
Idea Submissions. Many users have interest in providing ideas for improvement to our products, site, and services. While we appreciate that interest, Audication Creations, LLC. does not accept or consider unsolicited idea submissions. If you do submit ideas to us, you agree that Audication Creations, LLC. has no obligation to keep any unsolicited idea submissions confidential. You further agree that Audication Creations, LLC.
shall have a perpetual, royalty-free license in any ideas or intellectual property disclosed or embodied in unsolicited idea submissions you provide to us.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
INTELLECTUAL PROPERTY POLICY
Audication Creations, LLC. respects the intellectual property rights of others, complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement.
In the event you believe that any user content on our website infringes your copyright, then please file a notice of infringement with our designated Copyright Agent:
Audication Creations, LLC.
Attn: Daniel Melvin
5543 Ferrari Ave.
Naples, FL. 34142
Electronic notification is preferred. To be effective, any notice submitted to our designated copyright agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3), which requires substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the allegedly infringing material that you would like removed or disabled, or information reasonably sufficient to permit us to locate the material;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If we take measures to remove or disable content, we will make a good-faith attempt to contact the user who uploaded the content so that he or she may make a counter-notification pursuant to sections 17 U.S.C. § 512(g). Your complaint, along with your personally identifying information, may be shared with the user who uploaded the content at issue. It is our policy to document all notifications of alleged infringement on which we act. As with all legal notices, a copy of the notification may be sent to one or more third parties who may make it available to the public.
Please be advised that it is our policy to terminate the accounts of users that repeatedly violate these Terms of Service and/or this Intellectual Property Policy.
If you are a user whose content has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g). To be effective, the counter-notification must be a written communication sent to the Copyright Agent listed above that includes the following.
- Your physical or electronic signature;
- Identification of the material that has been removed or disabled, and the location at which the material appeared before it was removed or disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Audication Creations, LLC. may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
If you have a claim related to trademarks or intellectual property other than copyright, please contact us at firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.
n no case shall Audication Creations, LLC. our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Audication Creations, LLC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Massachusetts.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com .