Terms And Conditions
TERMS & CONDITIONS
Binding Agreement: Your registration with TEKSTARTIST.COM and request for services shall constitute your agreement to all of the following provisions.
Notices: Any notice under this Agreement given by TEKSTARTIST.COM to you will be deemed to be properly given if sent by email to your email address as set forth in the registration information provided by you, or by a startup screen that starts before your next use of the service, or by written communication mailed by first class U.S. mail to your address on record in the registration information provided by you, or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email and update it if necessary to be able to receive TEKSTARTIST.COM communication. It is also important that your email system is able to receive emails from TEKSTARTIST.COM and its affiliates. Any notice under this Agreement given by you to TEKSTARTIST.COM will be deemed to be properly given if received by email sent to TEKSTARTIST.COM's Customer Service at TEKSTartist@gmail.com.
Further Assurances: Each of the parties shall use its reasonable and diligent best efforts to proceed promptly with the transactions contemplated herein, to fulfill the conditions precedent for such party’s benefit or to cause the same to be fulfilled and to execute such further documents and other papers and perform such further acts as may be reasonably required or desirable to carry out the provisions hereof and the transactions contemplated herein.
Modifications to Agreement: The terms and conditions of this Agreement may be changed by TEKSTARTIST.COM from time to time. Upon any such change, TEKSTARTIST.COM will notify you of such change in accordance with the Notice provisions set forth above, and post an updated version of this Agreement on the TEKSTARTIST.COM website located at http://www.TEKSTartist.com. Your use of any services after such notification will constitute your acceptance of such changed terms and conditions.
Indemnification: In further consideration for services rendered by TEKSTARTIST.COM, you shall indemnify, defend, and hold harmless TEKSTARTIST.COM and its agents, officers, directors, employees, affiliates, subsidiaries and assigns (hereinafter "Indemnitees") from and against all demands, losses, claims, penalties, fines, liabilities, judgments and expenses you may be subjected to, including advancing attorneys’ fees and other costs of litigation involving or in any way relating to establishing this right to indemnification, of any kind and nature whatsoever, including without limitation personal injury or bodily injury to or death of any person, or loss of or damage to any property as may result from any act, omission, carelessness, malpractice or incompetence of you or anyone employed or engaged by you arising out of or in connection with this Agreement.
Limited Non-Exclusive License: Your registration with TEKSTARTIST.COM entitles you to a limited, non-exclusive license to use the website and its content for informational purposes in furtherance of this Agreement. You are not authorized to copy or reproduce images or content, or otherwise disseminate any of the features of the TEKSTARTIST.COM website, for any reason, including without limitation, for commercial purposes. Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted materials, and criminal copyright infringement is investigated by the Federal Bureau of Investigation and may constitute a felony with a maximum penalty of up to five years in prison and/or a $250,000 fine.
Miscellaneous: Your right to use the service is personal to you, and you will not assign any of your rights, obligations or interest in this Agreement or your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. TEKSTARTIST.COM's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in San Diego County, California, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or your use of the service or your account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
Buy Process and Refunds: Purchasing commissioned days are sold as-is and not meant for resale. Any request for a refund of services must be submitted to TEKSTARTIST.COM with a minimum of 60 days notice of your spot or day to receive a full purchase refund. If a request for refund is submitted any less than 60 days, there will be not be a refund given. All packing and shipping fees are non-refundable. TEKSTARTIST.COM has the right to refund your commissioned day within 15 days notice of your purchased commissioned day without written notice. TEKSTARTIST.COM does not advertise tobacco, pornography, or religious organizations, companies, products, spokespeople, et al. TEKSTARTIST.COM reserves the right to charge a $100 late fee for any information not received 30 days prior to applicable deadline.
Attorneys’ Fees: If any action, suit or other proceeding is instituted concerning or arising out of this Agreement, including for collection of fees for services rendered, the prevailing party shall recover all of such party’s reasonable costs and attorneys’ fees incurred in each and every such action, suit or other proceeding.
No Third Party Rights: Except as specifically set forth herein, this Agreement is not made for the benefit of any third party.
Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.