Welcome to the DEFCAD Subscription Service (“Subscription Service or Service”), the Service that provides a subscription to your favorite Creator’s content (“Content”) and allows you to receive special content or updates not otherwise available from the Creator. This Subscription Agreement supplements the existing Content Platform Terms of Use, which you acknowledge you have agreed to and are bound by and also supplements the Subscription terms as set by Company.
Please make sure to carefully read this Agreement before using the Subscription Service provided through the Content Platform hosted by Gunspring LLC (the “Company”). This Agreement sets forth the rights and obligations between the Company and you, the User who has contracted for a subscription to content by Creators you select (the “User”). By commencing use of the Service, the User shall be deemed to have agreed with the conditions set forth in this Agreement and the Subscription terms. In this Agreement, the terms You and Yours refers to you, the User. The terms We, Our, and Us refers to the Company.
1. Application of this Agreement.
(A) The purpose of this Agreement is to set forth the conditions for providing the Service and the rights and obligations between the Company and the User regarding the use of the Service. This Agreement shall apply to any and all relations between the User and the Company regarding the use of the Subscription Service.
(B) If there are any discrepancies between the contents of this Agreement and any descriptions or marketing, etc., provided regarding the Service, the contents this Agreement shall apply in a preferential manner.
2. Subscription Fees and Payment Method
(A) Payment of Fees Subscription to Digital Content. The Subscription Service allows the User to purchase on a regular subscription basis digital content (“Digital Content”) developed and created by selected Creators available through the Company platform.
(B) You must select which Creators you wish to subscribe to in order to receive special content or updates. When you select the Creator, you will have an opportunity to choose the Subscription you wish to purchase. You will also receive the details of the Subscription terms which will be disclosed to you, and you must agree to the dollar amount and timing of the Subscription you select.
(C) You shall be responsible for paying the subscription fees for all of the Subscriptions you purchase through the Service, as well as any additional fees which may arise in connection with the use of the Service (including taxes and delayed charges), and you agree to provide the Company with the information necessary for such payments.
(D) Change in Prices of Digital Contents. The Company is authorized to change the fees and uses of the digital contents at its reasonable discretion. If a Creator makes a change in the cost of a Subscription, or if we change any applicable costs/fees, we will notify you before you are charged any higher price or fee.
3. Suspension or Cancellation of the Subscription Service
(A) Each Subscription is offered by the applicable Creator and/or Company, and the terms of each Subscription must be approved by you prior to payment. You agree and acknowledge that the Company and/or Creator may cancel, suspend, or discontinue his or her Content Subscription in accordance with each Subscription’s terms. You agree that the Company is not responsible or liable for any action or inaction taken by the Creator with respect to the Subscription.
(B) If any of the following occurs, the Company may suspend, discontinue or cancel all or part of the Subscription Service without providing prior notice to the User:
(i) In the event of emergency checking or maintenance work for the computer systems related to the Service;
(ii) If any computers, systems, telecommunication lines, etc., relating to the Service are discontinued due to any incidents;
(iii) In the event of any failure to provide the Service due to force majeure, including natural disasters;
(iv) If the User engages in any act prohibited or restricted under this Agreement; or
(v) Other than the foregoing, if the Company decides on such suspension, discontinuation, or cancellation based on reasonable grounds.
(C) User agrees to comply with Company’s Acceptable Use Policy, by not using any Subscription Content in a manner that (i) is libelous; (ii) infringes the intellectual property rights of other parties; (iii) could be deemed “hate speech”; (iv) is pornographic; or (v) is otherwise illegal, wrongful or criminal.
(D) The Company shall in no way be liable for any damage caused to the User occurring as a result of any measures taken by the Company in accordance with the preceding paragraph.
