Terms of Service
Welcome to Paw Serenade. You are bound by all the following Terms Of Service:
Definitions
In this Agreement the following words and expressions shall have the following meanings: “Paw Serenade” means Advantages & Solutions1 LLC., Registered in Indiana, UNITED STATES OF AMERICA, 3250 Manning Road, Indianapolis, Indiana 46228, and "Paw Serenade" means any web based service operated by “Paw Serenade” for the purposes of marketing and retailing digital goods.
"Customer" means you the person purchasing "Digital Goods" from "Paw Serenade"
"Author" means the person that has the Intellectual Property rights or rights to sell the "Digital Goods" via the "Paw Serenade"
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Conditions of Sale
Introduction
These Conditions of Sale govern the sale of "Digital Goods" by “Paw Serenade” to the "Customer".
1. The Contract
When you purchase "Digital Goods" from "Paw Serenade" via any of our "Paw Serenade" venues you will be required to accepting these Terms of Service and its terms and conditions of sale. The contract for the purchase of any "Digital Goods" will be between the "Customer" and "Paw Serenade" and will only be formed when "Paw Serenade" make the "Digital Goods" available for download and we have received payment in full for the "Digital Goods".
Until we make the "Digital Goods" available for download and receive payment in full there is no contract between the "Customer" and us for the "Digital Goods". "Paw Serenade" reserves the right, at our sole discretion to reject any order we receive. By placing an order with "Paw Serenade" you agree you are: legally capable of entering into binding contracts; and or at least 18 years old.
2. Cancellation and Refunds
By purchasing "Digital Goods" from "Paw Serenade" based in the UNITED STATES OF AMERICA the "Customer" if also based in the UNITED STATES OF AMERICA is bound by the UNITED STATES OF AMERICA Uniform Code for Contracts and its Regulations. By downloading any "Digital Goods" from "Paw Serenade" the "Customer" is waiving their rights to any cooling-off period.
All sales of intangible digital goods are final. There are NO REFUNDS for any "Digital Goods" sold by "Paw Serenade"
3. Price and Payment
The price of any "Digital Goods" will be as quoted on the "Paw Serenade" at the then current time, except in the case of obvious error. This price does not include legally applicable state, county, municipal or VAT. The "Customer" agrees and is solely responsible for any and all taxes that apply to the order. We will not accept any offers for "Digital Goods" other than at the then current price. Payment for all "Digital Goods" is processed securely by various third party payment gateway services and will be handled in the currency advertised on the "Paw Serenade".
4. Delivery
"Digital Goods" are delivered to the "Customer" by a choice of methods via download to the "Customer's” personal computer.
You hereby agree to download "Digital Goods" for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the "Digital Goods" to anyone else. Nothing in these conditions of sale grants the "Customer" any rights other than those expressly set out herein. These terms do not grant the "Customer" any rights in relation to the synchronicity, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any "Digital Goods". Any breaches of these terms will be pursued to the full extent of the law.
5. Customer Requirements
In order for the "Customer" to access the "Digital Goods" the "Customer" is required to have: an internet connection and a personal computer or mobile device capable of opening the "Digital Goods"
6. Email Communications
In the process of purchasing "Digital Goods" from "Paw Serenade" the "Customer" email address will be subscribed to the "Paw Serenade" general email list. "Paw Serenade" also passes on the "Customer" email address to its "Author's” own email lists. All email addresses are considered as fully opt-in email addresses. The "Customer" 'Order Receipt' email address is an acknowledgement that the “Customer” agrees to this email opt-in acceptance terms.
General Terms
Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
Severance
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of the State Of Indiana and the parties hereby submit to the exclusive jurisdiction of the State Of Indiana, UNITED STATES OF AMERICA courts.