2. reservation of rights: you acknowledge and agree that the fortuna draws platform is provided under license, and not sold, to you. by downloading or otherwise accessing the fortuna draws platform, you do not acquire any ownership interest in the fortuna draws platform, or any other rights thereto other than to use the fortuna draws platform in accordance with the license granted, and subject to these terms. fortuna draws and its licensors and service providers reserve and retain their entire right, title, and interest in and to the fortuna draws platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these terms.
3. access and representations of use: the fortuna draws platform may not be accessible for use in all locations. if you are using the fortuna draws platform on behalf of your employer, you represent that your employer has authorized you to accept these terms on your employer’s behalf. you also represent that your employer agrees to indemnify you and fortuna draws for a violation of these terms. you further represent that you are at least 18 years old or, if you are not at least 18, that you will only use the fortuna draws platform in conjunction with, and under the supervision of, your parent or guardian.
4. purchases: fortuna draws’ acceptance of your order or subscription will take place when fortuna draws emails you to accept it, at which point a contract will come into existence between you and fortuna draws (referred to as “contract”). if fortuna draws is unable to accept your order for any reason, fortuna draws will inform you of this and will not charge you for the product. fortuna draws will assign an order number to your order and notify you of the order number upon acceptance of your order.
5. products: fortuna draws has made every effort to display images accurately. the images of the products on the fortuna draws platform are for illustrative purposes only and fortuna draws cannot guarantee that a device’s display accurately reflects the product(s). your product may vary slightly from those images displayed on the fortuna draws platform. fortuna draws may update or require you to update digital content for any reason.
- 5.1 – refund – product defect: fortuna draws will make the product available for download by you as soon as fortuna draws accepts your order. fortuna draws offers a thirty (30) day money back guarantee on a product. if you find a product is not compatible, corrupt, or is missing on download, fortuna draws can either resolve the issue or refund you the price you paid for the product (referred to as “fortuna draws refund policy”). the fortuna draws refund policy requires that you permit sufficient time to remedy any problem with a product. most issues are resolved within seven (7) days and if fortuna draws cannot resolve your issue with your product within seven (7) days, fortuna draws will provide a full refund for the amount you paid for the product to the payment method you used when purchasing the product as set for in these terms.
- 5.1.1 – please test your products within the thirty (30) day refund period to ensure satisfaction. after thirty (30) days, fortuna draws will still make every reasonable attempt to assist you with any problems encountered with the fortuna draws support policy but are unable to provide a refund.
- 5.2 – refund – satisfaction: if you have changed your mind regarding the regular purchase of a non-discounted fortuna draws product, fortuna draws can refund the price you paid for the product within 30 days if you have not downloaded any files for the product to your device, as determined in fortuna draws’ sole discretion. fortuna draws reserves the right to refuse to provide a refund according to this section on events/discounts and special offers.
- 5.3 – refund – lifetime access and yearly subscription: concerning these products, payment can be refunded within 30 days if you have not downloaded any files for the product to your device. additionally, should you request and receive a refund, the contact between you and fortuna draws is rendered void and you will not receive any future files from the purchase.
- 5.4 – refund – duplicate purchases: if you have purchased an individual product which you have already licensed from fortuna draws, whether as an individual product or as part of a bundle, fortuna draws can refund the price you paid most recently for the product within thirty (30) days of purchase. fortuna draws reserves the right to refuse to provide a refund according to this section if an individual product was purchased first, and is subsequently included in a bundle, event, or special offer.
6. products – supply: fortuna draws may need certain information from you so that fortuna draws can supply the product(s) to you. if so, this will have been stated in the description of the product(s) on the fortuna draws platform. if you do not give fortuna draws this information within a reasonable time, or if you give fortuna draws incomplete or incorrect information, fortuna draws may either a) refund the purchase price of the product minus a reasonable service fee or (b) make an additional charge of a reasonable sum to compensate fortuna draws for any extra work that is required as a result. fortuna draws will not be responsible for supplying the products late or not supplying any part of the product(s) if this is caused by you not giving fortuna draws the information needed.
fortuna draws may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product(s) to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you.
you are encouraged to download a product as soon as practical after purchase. fortuna draws may contact you in advance to tell you we will be suspending supply of a product but cannot guarantee that fortuna draws will do so. if fortuna draws has to suspend a product, you may contact fortuna draws to receive a refund of the purchase price if the product has been suspended within thirty (30) days of the purchase of the product. if fortuna draws has to suspend a product in its entirety that requires an ongoing payment or subscription, fortuna draws will adjust the price so that you do not pay for product(s) while they are suspended.
7. product – consumer termination: your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how fortuna draws is performing, when you decide to end the contract, and whether you are a consumer or business customer. if what you have bought is faulty or mis-described, you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). if you are a consumer, fortuna draws is under a legal duty to supply product(s) that are in conformity with this contract. the consumer rights act 2015 says digital content (for example a scalable vector file) must be as described, fit for purpose and of satisfactory quality:
- if the product(s) is faulty, you are entitled to a repair or a replacement.
- if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all your money back; and
- if you can prove the fault has damaged your device and fortuna draws has not used reasonable care and skill, you may be entitled to a repair or compensation.
if you want to end the contract because of something fortuna draws has done or has told you, fortuna draws is going to do as set forth below in this paragraph, the contract will end immediately, and fortuna draws will refund you in full for any products which have not been provided or made available and you may be entitled to compensation. the reasons are:
- fortuna draws told you about an error in the price or description of the product(s) you ordered and you do not wish to proceed;
- there is a risk that supply of the product(s) may be significantly delayed because of events outside of fortuna draws’ control;
- fortuna draws has suspended supply of the product(s) for technical reasons, or notifies you fortuna draws is going to suspend a product for technical reasons, in each case for a period of more than fourteen (14) days; or
- you have a legal right to end the contract because of something fortuna draws has done wrong.
if you are a consumer and have just changed your mind about a product(s), you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. your right to change your mind under the consumer contracts (information, cancellation and additional charges) regulations 2013 may not apply in the case of digital content purchased which has been downloaded or if you are not located in the united kingdom. these rights, under the consumer contracts regulations 2013, are explained in more detail in these terms.
your right as a consumer to change your mind does not apply in respect of:
- digital products (for example our scalable vector files) after you have started to download these; and
- services, once these have been completed, even if the cancellation period is still running.
if you are a consumer, how long you have to change your mind depends on what you purchased and how the product(s) is delivered. if you have bought digital content for download you have fourteen (14) days after the day fortuna draws emails you to confirm fortuna draws’ acceptance of your order, or, if earlier, until you start downloading. if we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. even if fortuna draws is not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay fortuna draws compensation. a contract for digital content is completed when the product is delivered or downloaded and paid for. if you want to end a contract before it is completed where fortuna draws is not at fault and you are not a consumer who has changed their mind, just contact fortuna draws to let us know. the contract will end immediately, and fortuna draws will refund any sums paid by you for product(s) not provided; but fortuna draws may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs fortuna draws will incur as a result of your ending the contract.
8. fortuna draws contact and response: to end the contract with fortuna draws, notify fortuna draws of a concern with a product, ask a question, or leave a comment with fortuna draws, please let us know by email. you can email fortuna draws customer services at firstname.lastname@example.org. please provide, if applicable, your name, home address, details of the order and, where available, your phone number and email address.
if you are entitled to a refund under these terms, fortuna draws will refund you the price you paid for the product(s), by the method you used for payment subject to these terms. however, fortuna draws may make deductions from the price. fortuna draws will make any refunds due to you as soon as possible. if you are a consumer exercising your right to change your mind, your refund will be made within fourteen (14) days of you properly telling fortuna draws you have changed your mind.
9. termination – fortuna draws: upon notice, fortuna draws may end the contract for a product(s) at any time if:
- you do not make any payment to fortuna draws when it is due, and you still do not make payment within seven (7) days of fortuna draws reminding you that payment is due;
- fortuna draws considers you to be in breach of these terms;
- you do not provide fortuna draws with information that is necessary for fortuna draws to provide the product(s); or
- you do not, within a reasonable time, allow fortuna draws to supply the products to you.
if fortuna draws ends the contract in the situations set out above in paragraph 9, fortuna draws will refund any money you have paid in advance for product(s) fortuna draws has not provided, but fortuna draws may deduct or charge you reasonable compensation for the net costs fortuna draws will incur as a result of your breaking the contract. fortuna draws may state the withdrawal date on the website or, if fortuna draws provides you with subscription services, fortuna draws may write to you to let you know that fortuna draws is going to stop providing the product(s). fortuna draws will let you know in advance of our stopping the supply of the product(s) and will refund any sums you have paid in advance for product(s) which will not be provided.
10. pricing and payments: the price of the product, which may include vat (or its equivalent in other countries, depending on where you are purchasing our products from), will be the price indicated on the order pages when you placed your order. if the rate of vat changes between your order date and the date fortuna draws supplies the product, fortuna draws will adjust the rate of vat that you pay, unless you have already paid for the product in full before the change in the rate of vat takes effect. fortuna draws take all reasonable care to ensure the price of the product advised to you is correct. where the product’s correct price at your order date is less than our stated price at your order date, fortuna draws will charge the lower amount.
fortuna draws accepts payment via paypal or by a third-party online card payment service. fortuna draws utilizes third-party payment processing and therefore does not have access to your full payment information including but not limited to your credit card information. a single product payment transaction can only be paid for with one type of payment and cannot be split across multiple payment types (for example – credit cannot be combined with paypal to pay for a purchase). you must pay for the product(s) before you download them. if you are a business customer, you must pay all amounts due to fortuna draws under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10. fortuna draws responsibility – consumer: if fortuna draws fails to comply with these terms, fortuna draws is responsible for loss or damage you suffer that is a foreseeable result of fortuna draws breaking this contract or our failing to use reasonable care and skill, but fortuna draws is not responsible for any loss or damage that is not foreseeable or that cannot be proven was caused by fortuna draws. loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both fortuna draws and you knew it might happen, for example, if you communicated it with fortuna draws during the sales process or it is listed in documentation on the fortuna draws platform. fortuna draws does not exclude or limit in any way fortuna draws liability to you where it would be unlawful to do so. this includes liability for death or personal injury caused by fortuna draws’ negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information fortuna draws provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to fortuna draws; supplied with reasonable skill and care and, where installed by fortuna draws, correctly installed; and for defective products under the consumer protection act 1987.
if product(s) which fortuna draws supplied damages a device or digital content belonging to you and this is caused by fortuna draws’ failure to use reasonable care and skill, fortuna draws will either repair the damage or pay you compensation subject to the limits set forth in these terms and conditions. however, fortuna draws will not be liable for damage which you could have avoided by following fortuna draws’ advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
fortuna draws is not liable for business losses. if you are a consumer, we only supply the product(s) for the uses set forth in the fortuna draws license purchased by you. if you use the products for any commercial, business, or profit purpose (referred to as “business” or “business use”), fortuna draws’ liability to you will be limited as set forth below. you agree as part of these terms and conditions that fortuna draws’ maximum aggregate liability to you under or in connection to any contract between you and fortuna draws will be limited to no more $50 usd.
11. fortuna draws responsibility– business: fortuna draws is not liable for any business loss. nothing in these terms shall limit or exclude fortuna draws liability for:
- death or personal injury caused by fortuna draws’ negligence, or the negligence of fortuna draws’ employees, agents, or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- defective products under the consumer protection act 1987.
subject to clause listed above:
- fortuna draws shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- fortuna draws’ total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to no more than $500 usd.
12. purchaser responsibility: you hereby indemnify, defend, and hold harmless fortuna draws against all losses, liabilities, costs, and expenses (including but not limited to legal costs) arising from or incurred by reason of any breach by you of any of the provisions under these terms and conditions.
13. warranties: fortuna draws provides the materials on the fortuna draws platform “as is.” fortuna draws makes no warranties, expressed or implied, and disclaims all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. fortuna draws does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on the fortuna draws platform. fortuna draws has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the fortuna draws platform.
14. assumption of risk: you acknowledge and agree that you should not rely on the fortuna draws platform for any reason. you further acknowledge that you are solely responsible for maintaining and protecting all your data, images, and information, even if it is stored, created, retrieved, or otherwise processed by the fortuna draws platform. you acknowledge that fortuna draws makes no representation that (a) the fortuna draws platform will be uninterrupted, secure, or error-free; (b) the results obtained from use of the fortuna draws platform will be accurate or reliable; or (c) any errors on the fortuna draws platform will be corrected. you acknowledge that fortuna draws takes commercially reasonable efforts to keep the fortuna draws platform free of intellectual property violations and that it is your responsible to ensure that you are not violating any intellectual property rights when you create an end product(s) with material purchased from the fortuna draws platform. you assume all risk for any damage to your computer system or loss of data or images that results from using the fortuna draws platform.
15. limitation of liability and actions: in no event shall fortuna draws, its directors, employees, or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the fortuna draws platform or these terms, on any theory of liability, and whether or not advised of the possibility of damage. some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. if any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. any claim or cause of action arising out of or related to your use of the fortuna draws platform must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. in the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
16. indemnity: you agree to indemnify and hold fortuna draws and its, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the fortuna draws platform, your violation of the terms, or your violation of any rights of another.
17. your conduct: by using the fortuna draws platform, you agree not to download, upload, post, e-mail or otherwise send or transmit any material that contains 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 associated with the fortuna draws platform. you also agree not to interfere with the servers or networks connected to the fortuna draws platform or to violate any of the procedures, policies, or regulations of networks connected to the fortuna draws platform, the terms of which are incorporated herein. you also agree not to: (1) impersonate any other person while using the fortuna draws platform; (2) conduct yourself in a vulgar, offensive, harassing, or objectionable manner while using the fortuna draws platform; (3) use the fortuna draws platform for any unlawful purpose; or (4) resell or export any software, promotional image, video, manual, guide, tutorial, or other fortuna draws generated customer service or educational product associated with the fortuna draws platform. fortuna draws does not promote, recommend, or condone use of the fortuna draws platform during activities where there is a significant risk of accident. you agree not to use the fortuna draws platform during such activities.
18. revisions and errors: the materials appearing on the fortuna draws platform may include technical, typographical, or photographic errors. fortuna draws does not warrant that any of the materials on the fortuna draws platform or in any marketing materials are accurate, complete, or current. fortuna draws may make changes to the materials contained on the fortuna draws platform or in its marketing materials any time without notice. fortuna draws does not make any commitment to update any of these materials.
19. links: fortuna draws has not reviewed all links that may be posted on the fortuna draws platform and is not responsible for the contents of any such linked site. the inclusion of any link does not imply endorsement by fortuna draws of the third-party site or endorsement of the fortuna draws platform by the third-party link. use of any such linked website is at the user’s own risk.
21. electronic communications: by utilizing the fortuna draws platform, you consent to receive electronic communications and notices from fortuna draws. you agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
22. account security: you are responsible for safeguarding the password that you use to access the fortuna draws platform, and you agree not to disclose your password to any third party. you are responsible for any activity using your account, whether or not you authorized that activity. you should immediately notify fortuna draws of any unauthorized use of your account. you acknowledge that if you wish to protect your transmission of information to fortuna draws, it is your responsibility to use a secure encrypted connection to communicate with the fortuna draws platform. you are solely responsible for securing and backing up your content.
23. intellectual property rights: fortuna draws and/or its licensors are the sole owners of the fortuna draws platform and the fortuna draws services, which include any software, method of doing business, domains, and content made available through the fortuna draws platform. except as expressly authorized by fortuna draws, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content of the fortuna draws platform. additionally, you must not modify, decompile, or reverse engineer any of the fortuna draws apps, fortuna draws websites, and/or fortuna draws platforms. and you must not remove or modify any copyright notice, trademark notice, or other notice of ownership.
24. trademarks: “fortuna draws trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that fortuna draws uses in connection with its products and services. you may not remove, use, or alter any fortuna draws trademarks without fortuna draws’ prior written consent. you acknowledge fortuna draws’ rights in the fortuna draws trademarks and agree that any use of the fortuna draws trademarks by you will inure to fortuna draws’ sole benefit. you agree not to incorporate any fortuna draws trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies except as permitted under a properly obtained license from the fortuna draws platform. all other trademarks not owned by fortuna draws that appear in connection with the fortuna draws platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by fortuna draws.
25. license: unless explicitly stated herein or a license is purchased or given, nothing in these terms may be construed as conferring any license to intellectual property rights. permission is granted to display, use, and download fortuna draws files or services on the fortuna draws platform provided that: (a) any applicable copyright notice remains on the content; (b) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (c) no modifications are made to such content. this permission terminates automatically without notice if you breach any of the terms.
26. termination: we reserve the right to suspend or end the fortuna draws platform and/or your fortuna draws account or support for the fortuna draws platform at any time, with or without cause, and with or without notice. for example, we may suspend or terminate your use if you are not complying with these terms, or if you use the fortuna draws platform in any way that would cause us legal liability or disrupt others’ use of the fortuna draws platform. if we suspend or terminate your use, we may attempt to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these terms, a court order, or danger to other users) where we may suspend your access immediately without notice.
27. force majeure: fortuna draws will not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, epidemics or pandemics, acts of god, war, terrorism, civil unrest, governmental action, labor conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. upon the occurrence of any such event, fortuna draws will be excused from any further performance of its obligations effected by the event for so long as the event continues, and you will not be entitled to any refund of any fees paid.
28. merger: these terms contain your entire agreement with fortuna draws with respect to the contents of the terms. these terms supersede all prior agreements between you and fortuna draws with respect to such terms.
29. modifications: any modifications to these terms may be made by fortuna draws and will be posted on the website or fortuna draws platform.
30. choice of law and arbitration: any claim relating these terms or fortuna draws platform will be governed by, and construed in accordance with, united states law and united states courts shall have exclusive jurisdiction to determine all disputes in relation to it.
any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present, or future, and including statutory, common law, intentional tort and equitable claims) between you and fortuna draws, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “fortuna draws”) arising from or relating to these terms, their interpretation or breach, termination or validity, the relationships which result from these terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these terms), the fortuna draws platform, fortuna draws’ advertising, or any related transaction shall be submitted to the chartered institute of arbitrators (“ciarb”) or any other established alternative resolution provider (“arp”) and settled by final and binding arbitration in accordance with the ciarb or arp arbitration rules. each party shall be entitled to appoint an arbitrator and the two party-appointed arbitrators shall then appoint a third arbitrator. if either party fails to appoint an arbitrator within 30 days of receiving notice of the appointment of an arbitrator by the other party, the ciarb or arp shall, at the request of either party, appoint an arbitrator on behalf of the defaulting party. if the first and second arbitrator appointed fail to agree upon a third arbitrator within 30 days of the appointment of the second arbitrator, the third arbitrator shall, at the request of either party, be appointed by the ciarb or arp. the arbitration will be limited solely to the dispute between you and fortuna draws. neither you nor fortuna draws shall be entitled to join or consolidate claims by or against other customers or arbitrate any claim as a representative or class action or in a private attorney general capacity. any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. each party shall pay its own costs and attorney fees. however, if any party prevails on a statutory claim that affords the prevailing party attorney fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
31. severability: if a provision of the terms is found to be unenforceable, that provision will be rewritten to reflect fortuna draws’ intention. all remaining provisions of the terms will remain in effect.
32. remedies: the rights and remedies reserved to fortuna draws under these terms are cumulative with, and in addition to, all other remedies provided in law or equity.
33. no waiver: the failure of fortuna draws any time to require your performance of any provision of these terms will not affect the right to require such performance at any later time. a waiver by fortuna draws of a breach of any provision of these terms will not constitute a waiver of any succeeding breach of the same or any other provision. no course of dealing or course of performance may be used to evidence a waiver or limitation of your obligations under these terms.
34. survival: the rights and obligations under the terms that, by their nature, should survive any termination of your use of the fortuna draws platform will remain in full effect after termination or expiration of such use.
35. governing law: any claim relating to fortuna draws entities or the fortuna draws platform will be governed by, and construed in accordance with, the law of the state of louisiana and shall have exclusive jurisdiction to determine all disputes in relation to it.