Terms of service

Terms of Service

Last Modified: Oct 1, 2024

Summary of Terms of Service.

This is a summary of our Terms of Service; please read the entire Terms of Service below.

These Terms of Service apply to golddyad.com and its affiliated subdomains (the “Site”) and our various websites, APIs, email notifications, documentation, software, products, licenses or applications (collectively, the “Service”) that is owned and operated by Gold Dyad LLC (“we”, “our”, or “us”). The Service allows you to purchase craft artisan products featuring unique designs (“Products”).

These Terms apply to your use of the Service, whether you’re a guest or a purchaser. Please read the full Terms of Service below before accessing or browsing the Site or using our Services. If you don’t want to be bound by these Terms, do not use or browse our Site and/or Service. These Terms may change and your continued use after changes are made means you agree to be bound by the new terms.

Don’t violate our Terms of Service. Users who violate our Terms may be banned from using the Service. The Service contains proprietary and confidential information that is protected by a variety of copyright, trademark, or patent rights and/or registrations.

Your use of the Site and Services is at your own risk. We make every effort to make sure you have a good experience on our Service, but we can’t guarantee all content on our Service will always function without error. We make every effort to comply with local, state, and national laws and regulations, including applicable privacy laws. However, we can’t guarantee that your use of our Service complies with local, state, and national laws and regulations.

The Service may contain links and advertisements that may take you to other Services that are not affiliated with us. If you click on an advertisement or a link to another Service, you may leave the Service. We are not responsible for the content you see or the interactions you have on other Services and we are not liable for any damages or harms you may encounter on other Services.

If you have any questions about our Terms, contact us at info@golddyad.com.

THE FULL TERMS OF SERVICE – BELOW – CONTAIN VITALLY IMPORTANT LIMITATIONS ON OUR LIABILITY FOR YOUR USE OF GOLDDYAD.COM. PLEASE READ THEM CAREFULLY!

Terms of Service

These Terms of Service are entered into by and between You and Gold Dyad LLC (“Gold Dyad LLC” or “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service” or “Agreement”), govern your access to and use of the Service, including any related mobile application, content, functionality, and services offered on or through golddyad.com or purchasing the Products, whether as a guest or a purchaser.

Please read the Terms of Service carefully before you start to use the Service or purchasing the Products. By (i) accessing, browsing, and using the Site (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Service, and to comply with all applicable laws and regulations. Services are offered and available to individuals who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not agree to these terms, you must not access or use the Service or any of the Services.

IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

The date the Terms of Service was last revised is identified at the top of the page. If we make subsequent material changes to the Terms of Service, we will notify you by email to the email address specified in your order and/or through a notice on the Service home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Service and these Terms of Service to check for any changes. Gold Dyad LLC reserves the right to update or change the Terms of Service, at any time and for any reason, by posting the modified Terms of Service on this Service.

YOUR EXPERIENCE

Conduct. You agree to not use the Service to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any Gold Dyad LLC representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Service; (e) upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to Service; or (j) incite or provide instructional information about illegal activities.

Payment. To make a purchase, you hereby authorize us or, either internally or through a third party payment processor, to charge your credit card. If you fail to pay any fees, Gold Dyad LLC may suspend your access to the Services. We currently use Shopify Inc. (“Shopify”) as our third party payment processor. You should look to the Shopify’s terms regarding payments, available at https://www.shopify.com/legal/terms. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Notice.

You represent and warrant to Gold Dyad LLC that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your personal information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

Order Data and Privacy. In order to access some of the offerings available through our Services, you may be required to complete our online order form, which requests certain information and data (“Order Data”). You are responsible for maintaining and updating your Order Data. By completing a purchase, you agree that all information provided in the Order Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Order Data about you, subject to our Privacy Notice. The information we obtain through your use of this Service, including your Order Data, is subject to our Privacy Notice, which is specifically incorporated by reference into these Terms of Service.

Order Cancellation and Returns. As we focus on the quality of material and product, each item is custom made for you. Because of this, there are no exchanges, no refunds, and all sales are final. If we shipped out the wrong item, the wrong size, or a defective product, we will exchange it for the correct item or size. Shipping costs are not refundable. If a product is returned due to incorrect sizing, we require you to return the item to the provided address. To inquire about cancellations, refunds, or exchanges, please email us at info@golddyad.com.
All Returns can be sent to

GOLD DYAD RETURN

11445 E. Via Linda, Suite 2 PMB 501

Scottsdale, AZ 85259

Communication. You agree that the Company may contact you by electronic communication, including telephone or SMS text messages (including by an automatic telephone dialing system) at any of the email addresses or phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by following the directions to opt-out at the bottom of the email and using the unsubscribe link contained in the email, or by contacting us at info@golddyad.com.

Links. The Service, from time to time, may provide links to other services or resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those services or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access of use for such services. You acknowledge any of the third-party services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions and agree that Gold Dyad LLC is not responsible for the availability of such external services or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such services or resources. You further acknowledge and agree that Gold Dyad LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such service or resource.

Modifications to the Service or Agreements. Gold Dyad LLC reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Gold Dyad LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. From time to time, we may restrict access to some parts of the Services, including purchasers. Gold Dyad LLC may specify from time to time the version(s) of web browsers required in order to use the Service, and you acknowledge that Gold Dyad LLC is not obligated to support all web browsers and Gold Dyad LLC is not obligated to continue support of any web browsers it supported at an earlier time.

Termination. You acknowledge and agree that Gold Dyad LLC may, in our sole discretion, deny you access to or use of all or part of the Service, without prior notice, for any reason, including, without limitation, if you engage in any conduct that Gold Dyad LLC believes, in its sole discretion: (a) violates any term or provision of this Terms of Service; (b) violates the rights of Gold Dyad LLC or our partners; or (c) is otherwise inappropriate for continued access and use of the Service. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Service immediately ceases, and you acknowledge and agree that we may immediately delete your Order Data. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

Further, you agree that Gold Dyad LLC shall not be liable to you or any third party for any termination of your access to the Service. You agree to defend, indemnify, and hold Gold Dyad LLC harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the Service.

LEGAL

Gold Dyad LLC Proprietary Rights. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

No Resale, etc. of the Service. You agree not to copy, sell, resell, rent, or sublicense, lease, loan, redistribute, or create a derivative work of any portion of the Service or Products.

Notices. If you purchase items through our Site, you agree that: YOU SHALL DEFEND, INDEMNIFY, AND HOLD COMPANY AND COMPANY’S MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DAMAGES, AND LIABILITIES TO THE EXTENT ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

Your Representations and Warranties. You represent that, to the best of your knowledge and belief, your use of the Service does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the Service. You further represent and warrant that all information provided by you in connection with your purchase is accurate and reliable.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF SERVICE IS AT YOUR SOLE RISK. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Gold Dyad LLC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b) GOLD DYAD LLC AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) SERVICE WILL MEET YOUR REQUIREMENTS; (ii) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS. GOLD DYAD LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. GOLD DYAD LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF SERVICE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. GOLD DYAD LLC IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN SERVICE. GOLD DYAD LLC DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOLD DYAD LLC OR THROUGH OR FROM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOLD DYAD LLC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GOLD DYAD LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU ALSO AGREE THAT GOLD DYAD LLC WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THIS SERVICE OR THE SERVICE(S) YOU ACCESS THROUGH THE SERVICE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND GOLD DYAD LLC’S REASONABLE CONTROL.

IN NO EVENT SHALL GOLD DYAD LLC BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Digital Millennium Copyright Act (“DMCA”) Notice. In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site or Services infringe a copyright, you should provide us with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv.Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v.A statement that the complaining party has 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
vi.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

M. Fisher

11445 E. Via Linda, Suite 2 PMB 501

Scottsdale, AZ 85259

privacy@golddyad.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

General Information. The Terms of Service constitutes the entire agreement between you and Gold Dyad LLC and governs your use of the Service, superseding any prior agreements between you and Gold Dyad LLC (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other Gold Dyad LLC services, third party content, or third party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the state of Delaware without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and Gold Dyad LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona. The Terms of Service does not limit any rights that Gold Dyad LLC may have under trade secret, copyright, patent, trademark, or other laws. The failure of Gold Dyad LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of Gold Dyad LLC and its successors and assigns.