Terms and Conditions

Last updated April 8, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Film & Vinyl Designs LLC ("Company," "we," "us," "our"), a company registered in Texas, United States at 7532 Pebble Dr., Fort Worth, TX 76118.

We operate the website https://filmvinyldesigns.com (the "Website"), along with a range of related products, software, and services that may refer to or link to these legal terms (the "Legal Terms") (collectively, the "Services").

One of our primary offerings is Film Designs 4, a subscription-based software (the “Software”) application designed for professional use in the automotive industry. It enables users to access, select, and cut pre-designed patterns for window tint and paint protection film (PPF) using compatible cutting plotters and materials of their choice. The software provides access to a regularly updated pattern database and supports flexible integration with various hardware and film brands.

You can contact us by phone at 817-354-9200, email at sales@fvd.bz, or by mail to 7532 Pebble Dr., Fort Worth, TX 76118, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Film & Vinyl Designs LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access and use the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for use in connection with your internal business operations, including window tinting and paint protection film (PPF) installation services offered by your business.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: sales@fvd.bz. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload:By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

To access and use the Software, you are required to complete a registration process. By registering, you agree to provide accurate and valid contact information and to keep this information current for the duration of your use of our services.

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to share your login details and acknowledge that you are solely responsible for all activities that occur under your account.

5. SOFTWARE ACCESS AND USB DONGLE

To obtain full access to the cutting features of the Software, you must purchase a subscription. Upon activation of your subscription, a USB dongle will be shipped to the shipping address on file. Tracking information will be automatically sent to the email address associated with your account after payment is processed.

The USB dongle is typically shipped via next-day air delivery; however, actual delivery times may vary depending on your location and the date of payment. To ensure you receive the full value of your subscription, additional days are automatically added to your initial subscription period to account for the dongle’s transit time.

Until the USB dongle is received and connected to your system, cutting capabilities will remain limited. You may still access the Software in DEMO mode, which allows you to cut simplified patterns of up to 15 nodes for testing and evaluation purposes.

The USB dongle remains the property of Film & Vinyl Designs. If your subscription is terminated or canceled, you are required to return the USB dongle to our office. A prepaid return shipping label will be provided upon request.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

Visa
Mastercard
American Express
Discover

You agree to provide current, complete, and accurate purchase and account information for all transactions made via the Services. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so we can process your orders and communicate with you as necessary. All payments shall be made in U.S. dollars. Sales tax will be applied to purchases where applicable.

You agree to pay all charges at the prices in effect at the time of purchase, including any applicable shipping fees. You authorize us to charge your selected payment method for these amounts when your order is placed. We reserve the right to correct any pricing errors, even if payment has already been requested or received.

We typically cover the cost of shipping the USB dongle to and from customers as part of the subscription activation or termination process. However, you are solely responsible for any customs duties, import taxes, or related fees that may apply to international shipments.

We allow multiple license key purchases and offer discounted pricing for customers maintaining more than one license. Please contact our support team for more details on multi-license discounts.

We reserve the right to refuse any order placed through the Services. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These limitations may apply to orders placed under the same account, using the same payment method, or sharing the same billing or shipping address.

For information about returns, refunds, and our 30-day money-back guarantee, please refer to the REFUND POLICY section below.

7. SUBSCRIPTIONS

Billing and Renewals

If you do not enroll in recurring payments, you are required to manually renew your subscription through your account on our website to maintain uninterrupted access to the Software. Failure to renew your subscription prior to its expiration will result in the suspension of certain features—including cutting capabilities—until your subscription is reactivated.

Alternatively, you may opt to enroll in automatic recurring payments at the time of subscription. If enrolled, your subscription will continue and automatically renew at the end of each billing cycle unless canceled. By enrolling, you authorize us to charge your selected payment method on a recurring basis without requiring separate approval for each renewal, until you cancel your subscription.

The length of your billing cycle will depend on the type of subscription plan you choose when you subscribe to the Services.

Cancellation

You may cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

The USB dongle provided as part of your subscription is company property and must be returned upon cancellation. Failure to return the USB dongle may result in additional charges or restrictions on future access to our Services. We will provide you with a prepaid return shipping label to facilitate the return process.

If you have any questions or are unsatisfied with our Services, please contact us at sales@fvd.bz.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

8. REFUND POLICY

We offer a 30-day money-back guarantee for customers who are not 100% satisfied with our Software. To receive a full refund, you must return the USB dongle within 30 days of your original purchase.

If your subscription has already expired, you have a 30-day grace period to return the USB dongle and remain eligible for a refund. After this grace period, the refund offer is no longer valid. The USB dongle must be in working condition to qualify.

To request a refund, please contact us at 817-354-9200 or sales@fvd.bz during business hours (Monday–Friday, 9:00 AM–6:00 PM CT). Be prepared to provide your company name, key number, and a valid email address. We will supply a prepaid return shipping label. Refunds are issued to your original payment method within 3–5 business days after we receive and verify the return.

Please note: Film & Vinyl Designs reserves the right to refuse refunds at our discretion.

9. PROHIBITED ACTIVITIES

You may only access or use the Services for purposes that align with the intended use of our software and database—namely, professional installation and cutting of window film and paint protection film (PPF) patterns using a valid license. Commercial use is permitted only as expressly authorized by your subscription plan and in accordance with these Legal Terms.

As a user of the Services, you agree not to:

Systematically retrieve data or content from the Services to create or compile, directly or indirectly, a collection, database, or directory without our written permission.
Attempt to replicate, reproduce, or distribute our pattern database, software, or cutting algorithms outside the scope of your licensed use.
Trick, defraud, or mislead us or other users, especially in attempts to obtain sensitive account information (e.g., passwords or license credentials).
Circumvent, disable, or interfere with any security features of the Services, including those that enforce access controls or limit usage based on license type.
Disparage, tarnish, or otherwise harm Film & Vinyl Designs or its Services.
Use any information obtained from the Services to harass, abuse, or harm others.
Make improper use of our customer support or submit false reports of bugs, abuse, or misconduct.
Use the Services in violation of any applicable laws or regulations, including export control laws for cryptographic hardware (e.g., USB dongles).
Engage in unauthorized framing, linking, or mirroring of the Services.
Upload or transmit (or attempt to upload or transmit) any malicious code, including viruses, Trojan horses, or automated spam content that interferes with the functionality or access of the Services.
Use any automated systems (e.g., scripts, bots, crawlers, scrapers) to interact with the Services unless explicitly approved by us.
Remove, alter, or obscure copyright notices or other proprietary rights embedded in the Content.
Impersonate another user or use another person’s account without authorization.
Upload or transmit spyware, tracking scripts, or passive data collection mechanisms without consent.
Interfere with or place an undue burden on the Services, systems, or networks connected to the Services.
Harass, threaten, or abuse our employees, support staff, or representatives.
Attempt to bypass, disable, or breach any access restrictions or usage limits imposed by the Services.
Copy or adapt any part of the Software or code (including HTML, JavaScript, or backend logic) without permission.
Decompile, reverse-engineer, or otherwise attempt to extract the source code of any part of the Software, except as expressly allowed by law.
Use any unauthorized system or automation to create user accounts or access paid features.
Use purchasing agents or intermediaries to place orders unless specifically authorized in writing.
Collect or harvest user data (such as email addresses or usernames) for unsolicited communications or marketing.
Use the Services in any way that competes with Film & Vinyl Designs or repurposes the Content for any unauthorized revenue-generating activity.

10. USER GENERATED CONTRIBUTIONS

The Services may provide users with the ability to rate patterns and leave private comments or notes within the Film Designs 4 desktop application. These comments are visible only to the individual user who created them and are intended for personal reference and organization. Pattern ratings, however, may be visible to other users and are used to help evaluate the overall quality and accuracy of patterns within the database.

By submitting a rating, you acknowledge that your input may be shared with other users and agree to use this feature respectfully and constructively.

In addition, our company maintains a community presence through unofficial channels, including a Facebook group where users may voluntarily post feedback, share pattern screenshots, and express opinions about our products and services. While we encourage open and respectful discussion, Film & Vinyl Designs is not responsible for the content shared by users on third-party platforms and does not actively moderate or control those communications.

You agree not to use the Services (including in-app features and related community spaces) to:

Post or distribute defamatory, abusive, or offensive remarks;
Upload or share any material that violates the intellectual property rights or privacy of others;
Misuse the comment or rating features to harm, mislead, or unfairly criticize;
Submit content that is false, misleading, obscene, or in violation of any law or regulation.

Any violation of these guidelines may result in the removal of your access to certain features or, in severe cases, termination of your account.

11. CONTRIBUTION LICENSE

You agree that we may access, store, and process any information or settings you provide within the Services, including your ratings, comments, and user preferences, solely for the purpose of delivering and improving the functionality of the Software.

By submitting feedback, suggestions, or technical input regarding the Services—whether through customer support, the application itself, or other communication channels—you grant us a non-exclusive, royalty-free, worldwide license to use and incorporate such feedback into our products and services without compensation to you.

We do not claim ownership of your comments or notes created within the Software. You retain full ownership of any intellectual property or proprietary rights associated with your private Contributions. Public pattern ratings submitted through the Software remain associated with your account but are shared for the benefit of other users.

You are solely responsible for any Contributions you make through the Services and agree not to hold us liable for any content you submit. We disclaim any responsibility for the accuracy, legality, or appropriateness of such Contributions.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States and you expressly consent to have your data transferred to and processed in the United States.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Tarrant, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Tarrant, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. CONTACT US

Film & Vinyl Designs LLC
7532 Pebble Dr, Fort Worth, TX 76118, United States
Phone: 817-354-9200
Email: sales@fvd.bz