Terms of Use

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found on the Website by visiting https://thcdesign.com, and then clicking on the Privacy Policy hyperlink, or by visiting: https://thcdesign.com/about-us/privacy-policy/

By using Company’s Services, including the Website, you agree to be bound by the Company’s Privacy Policy that is expressly incorporated into this Agreement by this reference.

The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. If we do this, we will post the amended Terms on this Website page and indicate at the top of the page the date the Agreement was last revised. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, do not use or access (or continue to use or access) the Services.

Our Services are intended for a mature audience. The Company intends only persons who are 21 years or older to use the Services, including the Website.  You agree that by using the Services, you represent that you are at least 21 years old and that you are legally able to enter into this Agreement.

By providing your email address to THC Design, you are consenting to receive marketing communications from THC Design until you opt out. You can opt out of marketing communications at any time by sending your request to [email protected] in accordance with the rules published in Company’s Privacy Policy.

Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

Note that if you provide your email address to THC Design, you consent to receive service messages (“Service Messages”) from THC Design, which includes notices about THC Design’s communications, your inquiries to THC Design, and other notices, including notices required by law, in lieu of postal mail. You may not opt out of Service Messages since THC Design may be legally required to inform you of important facts.

If you send or post information (“User Content”) to THC Design or its Services, including photos, messages, or commentary, you grant THC Design a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.

When accessing the Website or using other THC Design Services, you agree to obey by the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: 1346 Elwood St Los Angeles, CA, 90021-2413 United States, or via email at [email protected].

You agree not to use any automated systems, including, without limitation, “robots,” “spiders,” “web crawlers,” “screen scrapers,” “page scrapers,” “offline readers,” “bot” or “Denial of Service” (DoS) traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.

You will not attempt to gain unauthorized access to any portion or feature of Company’s Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means.

You agree not to frame the THC Design Website or other Digital Services in browser frames, or otherwise reroute or alter content from Company’s Digital Services en route to a visitor’s browser.

You agree not to impersonate Company employees in any electronic message sent to Company.
Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

The Company reserves the right to terminate your use of the Website and/or other Services in its sole and absolute discretion and without notification or compensation to you. To ensure that the Company provides a high-quality experience for you and for other users of the Services, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Website or other Services.

The Company hereby disclaims all warranties. THC Design’s Services are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind. You assume the risk of all damage or loss from use of, or inability to use, the Services, whether they are provided in-person or through the Internet. To the maximum extent permitted by law, the Company expressly disclaims all warranties, express or implied, regarding the Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Without limiting the foregoing, the Company, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will be uninterrupted, secure, or error-free; that any defects in the Services will be corrected; or that the Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.

To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relationship to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Company hereunder.

This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.

The Company has no control over, and no liability for, any third-party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither the Company nor our Digital Services have control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

The Company imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company’s Information Security department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, including the Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you of any such claim, loss, liability, or demand, provided that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.

All contents of the Services, including the Website, are Company’s copyrighted materials.

All trademarks, service marks, and trade names of the Company used in its Services, including on its Website, are trademarks or registered trademarks of the Company.

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Services, including the Website, shall be determined by arbitration in the County and City of Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of Los Angeles, California. You hereby accept the exclusive jurisdiction of such court for this purpose.

IF YOU ARE A NEW USER OF THE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO [email protected] (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: 1346 Elwood St Los Angeles, CA, 90021-2413 United States. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU SIGNED UP FOR SERVICES FOR THE FIRST TIME, AS RECORDED BY THC DESIGN’S SYSTEMS THAT TRACK SIGNUPS. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address to: [email protected]. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.

Your access and continued use of the Website signifies your explicit consent to this waiver.

If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.

Nothing contained on the THC Design Website, or presented by any other Services, should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Website and/or other Services; and (c) discontinue the Website and/or Services at any time or from time to time. The Company shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

The Services are controlled, offered, and operated from facilities in the United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the United States. Notwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world.

The Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email or text message notice, written or hard copy notice, or through conspicuous posting of such notice on the Website or on other Services, as determined by Company in our sole discretion, and even if you have opted out of other communications. Company reserves the right to determine the form and means of providing notifications to our users, if you may opt out of certain means of notification as described in this Agreement.

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

If any provision of these Terms is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.