PERFECTLY IMPERFECT DIGITAL TERMS OF SERVICE

 

OVERVIEW AND ACCEPTANCE OF USE
Welcome to Perfectly Imperfect Digital! Perfectly Imperfect Digital is a full-service and full-stack digital solutions platform that offers end-to-end customized off-the-shelf, and custom-developed digital solutions and print-on-demand eCommerce products (herein “Perfectly Imperfect Digital”) is an aggregator of digital solutions and services, and a curated business connecting creative brands with retailers and customers, accessible through its websites (collectively, the “Site”) and Software-as-a-Service (collectively, “SaaS”), and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Terms of Service (“Terms”), the terms “Perfectly Imperfect Digital”, “our”, “us”, and/or “we” refer to Perfectly Imperfect Digital.

The terms “you” and/or “your” refer to any visitor of the Site and/or the Application and any user of the Services, including our customers. These Terms govern your access to and use of the Services and Collective Content (defined below) and constitute a binding legal agreement between you and Perfectly Imperfect Digital.

Please read these Terms, our Privacy Policy, all of which are incorporated herein by reference and govern your access to and use of the Services. The Services are offered and available solely to users who are 18 or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Perfectly Imperfect Digital and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms and, in such event, “you” and “your” will refer and apply to that party.

YOU ACKNOWLEDGE AND AGREE THAT BY CONFIRMING THE TERMS OF SERVICE WHEN REGISTERING, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.
MODIFICATION
We reserve the right, at our sole discretion, to modify, suspend, discontinue or terminate the Services or any content, feature, or material we provide thereon. We also reserve the right to modify these Terms from time to time upon reasonable prior written notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including our customers. You agree that it is your responsibility to monitor changes to our Services. If we modify these Terms we will provide you with reasonable prior written notice and post the modification on the Site or via the Application and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

OWNERSHIP
The Services and Collective Content are each protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Perfectly Imperfect Digital, its licensors and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content. Additionally, Perfectly Imperfect Digital is the owner of pending, registered, and/or unregistered trademarks, trade dress, and trade names appearing on the Services, including the Perfectly Imperfect Digital name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without Perfectly Imperfect Digital prior written permission. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

LICENSE GRANTED BY PERFECTLY IMPERFECT DIGITAL
License Grant. Subject to the terms and conditions of these Terms, Perfectly Imperfect Digital grants you:

(a) a non-transferable, non- exclusive, royalty-free, revocable, limited license, with no right to sublicense, to use and access the Services, and to view any Collective Content to which you are permitted access solely for the purposes set forth in these Terms; and
(b) a limited, non-exclusive, revocable, non-transferable license to download and install a copy of the Application on your device solely in connection with your use of the Services.
Restrictions. Except as otherwise stated, the rights granted herein are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Collective Content;
(b) you shall not copy, reproduce, disseminate, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, stream, broadcast, republish, download, disassemble, reverse compile, reverse engineer, store, post or transmit any of the material or content on our Services; and
(c) you shall not interfere with or circumvent any feature of the Services, including any security or access control mechanism, in whole or in part, except as permitted in these Terms. Except as expressly granted in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Perfectly Imperfect Digital, its licensors or others. If you violate the rights of Perfectly Imperfect Digital, its licensors or others, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

CONTENT FROM SOCIAL MEDIA AND NETWORKING SITES
As a Brand, you may link your social media accounts to your Brand store (collectively, “Social Media Accounts”). You represent that you are entitled to grant Perfectly Imperfect Digital access to, or otherwise make available, your Social Media Accounts and the content therein for the purposes described herein, without breach by you of any of the terms and conditions that govern your use of the applicable Social Media Account, and without obligating Perfectly Imperfect Digital to pay any fees or making Perfectly Imperfect Digital subject to any usage limitations imposed by such social media service providers. Depending on the Social Media Accounts you choose and subject to the privacy settings that you have set in such Social Media Accounts, personally identifiable information that you post to your Social Media Accounts will be available on and through your Brand Account on the Services.Please note that if a Social Media Account or associated service becomes unavailable for any reason, then the Social Media Account Content that was available from such Social Media Account will no longer be available on and through the Services. You have the ability to unlink your Brand Account and your Social Media Accounts, at any time, by contacting Perfectly Imperfect Digital.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL MEDIA SERVICE PROVIDERS ASSOCIATED WITH YOUR SOCIAL MEDIA ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL MEDIA SERVICE PROVIDERS.

Perfectly Imperfect Digital makes no effort to review any Social Media Account Content for any purpose, including for accuracy, legality or non- infringement and Perfectly Imperfect Digital is not responsible for any Social Media Account Content. Perfectly Imperfect Digital may, however, at any time and without prior notice, screen, remove, disable or block any Social Media Account Content that in Perfectly Imperfect Digital sole judgment violates these Terms or is otherwise objectionable.

GOVERNING LAW AND DISPUTE RESOLUTION
The laws of the State of Arkansas in the United States, without respect to its rules on conflicts of law, shall govern this Agreement and all disputes and claims arising out of or related to it or its subject matter or formation, including non-contractual disputes and claims. No matter where in the globe you reside or are located, these laws will apply to you; however, if you are a User residing in the European Economic Area or Switzerland, any dispute arising out of or connected to this Agreement shall be governed by the laws of the Republic of Latvia. Despite the above, nothing in this Agreement—including the choice-of-law clause mentioned earlier—affects a User’s ability to rely on any mandatory provisions of the law of the nation in which they are a resident if they reside in the European Economic Area or Switzerland.

We will attempt to resolve any issues on our own, but if we can’t, you agree that the following rules shall govern any legal disputes involving our Services:
The Terms are governed by the laws of the State of Arkansas, without regard to its conflict of laws rules and the laws of the United States of America.

Any dispute under these Terms will be resolved through binding arbitration, not through the court system. All arbitration will be conducted in Little Rock, Arkansas unless both parties agree otherwise in writing in a specific case. All arbitration will be conducted before a single arbitrator in following the rules of the American Arbitration Association.

Within thirty (30) days of a final award by the single arbitrator, either party may appeal the award for reconsideration by a three-arbitrator panel. The panel will reconsider all aspects of the initial award that are appealed, including related findings of fact and any cross-appeals. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

No party may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any claim of anyone other than a named party, or (ii) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this paragraph, and any attempt to do so, whether by rule, policy, and arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section shall be determined exclusively by a court in the State of Arkansas and not by the administrator or any arbitrator. If this Section shall be deemed unenforceable, then any proceeding in the nature of a class action shall be handled in a court in Little Rock, Arkansas, not in arbitration.
Except as required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of the other parties.
Note that, if we make any changes to this “Disputes” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Perfectly Imperfect Digital prior to the date the changes became effective. Perfectly Imperfect Digital will notify you of substantive changes to this Section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send us a written notification or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Perfectly Imperfect Digital in accordance with the provisions of this Section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

FEEDBACK
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if you submit any Feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents.

The Services include content and SaaS platforms provided by third parties, including materials provided by other users, customers, bloggers and third party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by Perfectly Imperfect Digital, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Perfectly Imperfect Digital. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LINKS TO THIRD-PARTY WEBSITES
The Services may contain links to third-party websites or resources. You acknowledge and agree that Perfectly Imperfect Digital is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the Content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Perfectly Imperfect Digital of such websites or resources or the Content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from using any such websites or resources or the Content, products, or services on or available from such websites or resources. Also, FlowTrack.co – HaiOps LLC, Shopify, Printful, Ingram Micro, Acronis, Databrackets, Agile Digest, White Label Digest, and Agency Platform will be a third-party beneficiary to these Terms if you access the SaaS Services using applications developed FlowTrack.co – HaiOps LLC, or any of the services offered by these other partners of Perfectly Imperfect Digital respectively. These third-party beneficiaries (Partners) are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services and using these Services, Applications, or Devices is subject to terms set forth in their respective Terms of Service, Return Policies, Privacy Policies, Acceptable Use Policies, and Cookie Policies, which must be interpreted alongside the Terms of Perfectly Imperfect Digital as the Policies of these Third-Party Partners complement and expand the Policies of Perfectly Imperfect Digital and is binding to you as part of this agreement where you use these Services or purchase any Products produced by these Perfectly Imperfect Digital Partners.

PROHIBITED USES
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that:
(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(c) is fraudulent, false, misleading or deceptive;
(d) is defamatory, obscene, pornographic, vulgar or offensive;
(e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(g) promotes illegal or harmful activities or substances.

Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services, Perfectly Imperfect Digital name, any Perfectly Imperfect Digital trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Perfectly Imperfect Digital express written consent or as enabled by features made available by Perfectly Imperfect Digital (e.g., widgets) (you may link to Perfectly Imperfect Digital homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);

Access, tamper with or use non-public areas of the Site or Application, Perfectly Imperfect Digital computer systems or the technical delivery systems of Perfectly Imperfect Digital providers;

PROCEDURE FOR CLAIMING INTELLECTUAL PROPERTY INFRINGEMENT
Perfectly Imperfect Digital respects intellectual property laws and expects its users to do the same. It is Perfectly Imperfect Digital policy to terminate, in appropriate circumstances, Customers or other account holders who infringe or are believed to be infringing the intellectual property rights of others.

INFORMATION WE COLLECT ABOUT YOU
All information we collect about you when you apply for an account or use or visit the Services is subject to our Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.

TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, Perfectly Imperfect Digital will have the right to suspend or disable your Account or terminate these Terms, in its sole discretion and without prior notice to you. Perfectly Imperfect Digital reserves the right to revoke your access to and use of the Services and Collective Content at any time, with or without cause. In the event Perfectly Imperfect Digital terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email.

DISCLAIMERS
PERFECTLY IMPERFECT DIGITAL IS DEDICATED TO PROVIDING THE SERVICES, BUT SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. THE SERVICES THEREFORE, INCLUDING SOFTWARE-AS-A-SERVICE (SaaS) AND COLLECTIVE CONTENT, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PERFECTLY IMPERFECT DIGITAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PERFECTLY IMPERFECT DIGITAL MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PERFECTLY IMPERFECT DIGITAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PERFECTLY IMPERFECT DIGITAL OR THROUGH THE SERVICES OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
PURCHASES: YOU UNDERSTAND THAT PERFECTLY IMPERFECT DIGITAL DOES NOT DEVELOP ANY OF THE SAAS PRODUCTS AND PRODUCT SUPPORT AND THEREFORE HAS LITTLE OR NO INFLUENCE ON ROADMAPS OR PRODUCT BUGS AND OR SERVICES DIRECTLY RELATED TO THE SaaS PRODUCTS. THE SaaS PRODUCTS ARE DEVELOPED, OFFERED, AND SUPPORTED BY INDEPENDENT SELLERS (OUR PARTNERS). THEREFORE PERFECTLY IMPERFECT DIGITAL CANNOT AND DOES NOT MAKE ANY WARRANTIES ABOUT THEIR QUALITY, SAFETY, OR EVEN THEIR LEGALITY. BY USING THE SERVICES OR ANY THIRD PARTY PRODUCT OR SaaS YOU AGREE TO WAIVE THE RIGHT TO ANY LEGAL CLAIM RELATED TO A THIRD PARTY PARTNER PRODUCT OR SERVICE YOU PURCHASE FROM PERFECTLY IMPERFECT DIGITAL THEREBY RELEASING PERFECTLY IMPERFECT DIGITAL FROM ANY CLAIMS RELATED TO ITEMS INCLUDING BUT NOT LIMITED TO SERVICES, PRODUCTS AND SaaS, INCLUDING FOR DEFECTIVE ITEMS, PRODUCTS OR SaaS PLATFORMS, MISREPRESENTATIONS BY SELLERS, OR ITEMS THAT CAUSE DAMAGES TO YOU OR OTHERS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT PERFECTLY IMPERFECT DIGITAL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES PERFECTLY IMPERFECT DIGITAL MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. PERFECTLY IMPERFECT DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

INDEMNITY
To the fullest extent permitted by law, you agree to defend, indemnify, and hold Perfectly Imperfect Digital harmless from any claim or demand made by a third party (including, but not limited to, your Customer), as well as any and all losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by Perfectly Imperfect Digital, relating to or arising out of (a) your breach of this Agreement. Even if you are insuring us, we reserve the right to handle our legal defense as we see fit; in that case, you consent to assist us so that we can carry out our plan.

LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER PERFECTLY IMPERFECT DIGITAL NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERFECTLY IMPERFECT DIGITAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PERFECTLY IMPERFECT DIGITAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT EXCEED 100 USD. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PERFECTLY IMPERFECT DIGITAL AND YOU.

ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without Perfectly Imperfect Digital prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Perfectly Imperfect Digital may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by Perfectly Imperfect Digital via email (in each case to the primary account email address that you provide); (b) by posting to the Site; or (c) via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between Perfectly Imperfect Digital and you regarding the Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Perfectly Imperfect Digital and you regarding the Services and Collective Content.
SEVERABILITY
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid or unenforceable provision.

MISCELLANEOUS
The failure by Perfectly Imperfect Digital to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Perfectly Imperfect Digital. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.

GENERAL
If any clause in this agreement is determined to be illegal or unenforceable, the remaining clauses will still be in effect. We reserve the right to assign this Agreement at any time with notification to you. The scope and extent of a section are not limited by the headings, which are merely there for reference. We may nonetheless take legal action in response to later or similar breaches even if we choose not to respond to a breach by you or someone else. We cannot promise that we will respond to every violation of this Agreement.

In line with its Privacy Policy and all relevant laws and regulations governing the processing and protection of personal data, Perfectly Imperfect Digital collects, processes, and/or distributes personal data with third parties.

The right to transfer or assign this Agreement, as well as any right or obligation arising from it, is reserved by Perfectly Imperfect Digital. If a transfer or assignment would lessen your guarantees under this Agreement and you are a User in the European Economic Area, Perfectly Imperfect Digital will first get your consent.

CONTACT US
If you have any questions or complaints about these Terms or the Services, please contact Perfectly Imperfect Digital