CRUDE ARTS TERMS OF SERVICE

Effective Date: November 15, 2025

 

Section 1. Introduction and Acceptance of Terms

  • 1.1. Introduction and Acceptance: This Terms of Service (“TOS” or “Agreement”) is a binding legal contract between You (“Licensee”) and Crude Arts LLC (“Licensor,” “We,” or “Us”), a business operating globally from Phoenix, Arizona, USA.
  • 1.2. Agreement: By accessing or using the Service, You agree to be bound by these Terms and Conditions.
  • 1.3. Age Restriction: The Site is offered and available only to users who are eighteen (18) years of age or older.

Section 2. Digital Content, Licensing, and Intellectual Property

  • 2.1. Nature of the License (Strictly Non-Commercial): Any purchase of Digital Content (including art, videos, and software) grants the Licensee a non-exclusive, non-transferable, revocable license for personal, private, non-commercial use only. All Intellectual Property rights and ownership remain exclusively with the Licensor.
  • 2.2. Commercial Rights Strictly Prohibited: No licenses sold through this Site grant any Commercial Rights whatsoever. The Digital Content may not be used for any monetary gain, business purpose, public display, or promotional activity.
  • 2.3. Commercial Inquiries and Licensing: Any request for Commercial Rights or extended usage must be negotiated directly with the Owner through a separate, written contract. The Owner reserves the right to decline any such negotiation at their sole discretion.
  • 2.4. Strict Prohibition on Modification and Redistribution: You are strictly prohibited from modifying, remixing, adapting, altering, or creating derivative works based upon the Digital Content. You may not distribute, reproduce, or publicly display the Content without express written consent.
  • 2.5. Ownership of Site Content: The Site Content (excluding user feedback) and all copyrights, trademarks, and proprietary rights are owned by Us or our licensors.

Section 3. Account and Download Security

  • 3.1. Account Security: You are responsible for maintaining the confidentiality of your account password.
  • 3.2. Initial Download Window (Anti-Fraud): Upon purchase, the Licensee will have access to download the Digital Content for fourteen (14) days. After this period, the file will be locked from downloading.
  • 3.3. Reactivation: The Licensee must send a request to the Owner to reactivate the download access, which will be available for an additional five (5) days. Abuse of this system is subject to account termination.

Section 4. User Submissions and Misconduct

  • 4.1. Ownership of Feedback: Any ideas, suggestions, site changes, or other feedback you voluntarily submit are considered non-confidential and become the sole property of the Licensor.
  • 4.2. Misconduct and Account Termination: Abuse, harassment, fraud, illegal activity, or any form of attack on the Site is strictly prohibited. The Licensor reserves the right to ban or terminate any user who engages in misconduct or breaches this TOS.

Section 5. Warranties and Indemnification

  • 5.1. Licensee’s Indemnification: You agree to defend, indemnify, and hold harmless Crude Arts LLC, its affiliates, and service providers from any claims, liabilities, damages, and expenses (including attorney’s fees) arising out of or relating to your breach of this TOS or your unauthorized use or modification of the Content.

Section 6. Payment, Refund, and Return Policy

  • 6.1. Digital Goods Refund Policy (Two-Day Window): Refunds for digital items are permitted within two (2) calendar days of the order date. Upon refund, the Licensee must immediately delete all copies of the item and acknowledges that the license is immediately void. Digital goods are otherwise non-refundable.
  • 6.2. Physical Merchandise Return Policy (30-Day Window): Returns on physically shipped merchandise are permitted within thirty (30) days from the order date. Items must be returned unused, unwashed, and in original condition.
  • 6.3. Shipping Costs: Return refunds will be issued for the cost of the merchandise only. The customer is responsible for the return shipping, and the original shipping cost is non-refundable (and will be deducted from the refund amount if covered by the Licensor).
  • 6.4. Refund Misuse and Denial of Service: Returns and refunds are conditional. Crudearts reserves the right to deny any refund if the returned item shows evidence of customer mishandling, use, or damage. Furthermore, the Licensor reserves the right to reject service or cancel orders to customers who demonstrate a pattern of abusing refund terms or acting in bad faith.

Section 7. DMCA Policy

  • 7.1. Designated DMCA Agent: Provide current contact information (email and physical address) for the formal reception of Digital Millennium Copyright Act (DMCA) takedown notices.

Section 8. Privacy and Data Handling Information

  • 8.1. Incorporation of Policy: These Terms incorporate by reference the Privacy Policy, which governs how we collect, use, and share your personal information.

Section 9. Limitation of Liability and Disclaimer

  • 9.1. Disclaimers: THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. We make no warranties of any kind.
  • 9.2. Excluded Damages: WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
  • 9.3. Maximum Aggregate Liability: THE TOTAL AGGREGATE LIABILITY OF CRUDE ARTS LLC TO YOU FOR ALL CLAIMS SHALL NOT EXCEED the total fees you paid to the Licensor for the specific Content or Service giving rise to the claim in the six (6) month period preceding the date the claim arose.

Section 10. Governing Law and Dispute Resolution

  • 10.1. Governing Law and Venue: This Agreement shall be governed by the laws of the State of Arizona, USA. The exclusive venue for any legal or arbitration proceeding shall be Maricopa County, Arizona.
  • 10.2. Mandatory Binding Arbitration and Waiver: YOU AND CRUDE ARTS LLC AGREE TO RESOLVE ANY DISPUTES THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN A COURT OF LAW. You expressly waive your right to a trial by jury and your right to participate in any Class Action lawsuit.

Section 11. Prohibited Uses

  • 11.1. Prohibited Actions: A comprehensive list forbidding unlawful purpose, harassing others, tracking personal information (data scraping), transmitting viruses, using automated means to index the site (crawling/spiders), or interfering with security features.

Section 12. General Conditions

  • 12.1. Right to Modify Terms: We reserve the right to update or change these Terms of Service at any time (effective upon posting).
  • 12.2. Electronic Communication: You consent to receive communications from Us electronically (email, site postings) satisfying any legal requirement that such communications be in writing.
  • 12.3. Severability, No Third-Party Beneficiaries, etc.: Standard boilerplate clauses.
  • 12.4. Contact Us: Provide contact information for formal legal communication and TOS questions.