Terms of Service

Terms of Service

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes.

3. Use of the Site

3.1 Eligibility

You must be at least 13 years old to use the Site. By using the Site, you represent and warrant that you meet this requirement.

3.2 User Accounts

To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.

3.3 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Site for any illegal purpose or in violation of any local, state, national, or international law.
• Posting any content that is unlawful, defamatory, obscene, pornographic, harmful, threatening, harassing, abusive, or otherwise objectionable.
• Infringing on the rights of others, including but not limited to intellectual property rights.
• Interfering with or disrupting the Site or servers or networks connected to the Site.
• Using automated means to access the Site for any purpose without our express written permission.

4. Intellectual Property

The Site and its original content, features, and functionality are and will remain the exclusive property of Dlightning and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dlightning.

5. Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

6. Limitation of Liability

In no event shall Dlightning, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Site; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vi) any other matter related to the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we were advised of the possibility of such damages.

7. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

8. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: dlightningexperience@gmail.com

9. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved as follows:

9.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at dlightningexperience@gmail.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may proceed as described below.

9.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [your city/state], and the language of the arbitration shall be English.

9.3 Exceptions

Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.

9.4 Waiver of Class Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Dlightning, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Site, including, but not limited to, any content you submit, post, or transmit through the Site
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
• Any claim that your content caused damage to a third party
• Any misrepresentation made by you

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Service Availability

While we aim to provide uninterrupted service, you acknowledge and agree that:

• The Site and services may be temporarily unavailable from time to time for maintenance, system upgrades, or other reasonable causes
• We may need to modify, suspend, or discontinue the Site or any service at any time without prior notice
• We are not liable for any inconvenience, loss, liability, or damage resulting from such interruptions or modifications to the Site or services
• Technical problems may occasionally limit your access to the Site
• We do not guarantee that the Site will be available, uninterrupted, secure, error-free, or that defects will be corrected

You agree that your use of the Site and services is at your own risk, and we provide them on an "AS IS" and "AS AVAILABLE" basis.

12. Content Ownership

Different types of content on our Site are subject to different ownership rules:

12.1 Profile Information

You own your personal profile information, but grant us a license to use it for operating our platforms and services.

12.2 Projects and Designs

Projects and designs created using our tools fall under a shared ownership model:

• You retain ownership of the creative elements and unique aspects you contribute
• Dlightning owns the technical implementations, system-generated elements, and platform-specific features
• By creating projects, you grant Dlightning a perpetual, worldwide, non-exclusive license to use, reproduce, modify, and display your contributions for operation, improvement, and promotion of our services

12.3 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide regarding our services become the property of Dlightning and may be used without restriction or compensation.

You represent and warrant that you have the necessary rights to all content you submit and that your content does not violate any third-party rights.

13. Children's Privacy and Age Requirements

Our Site and services are not directed to children under the age of 13. In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under 13 years of age.

If you are between the ages of 13 and 16, you may use our Site only with the involvement and consent of a parent or guardian. By using our Site, you represent that you are at least 13 years old and that you have obtained parental consent if you are under 16 years of age.

If we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at dlightningexperience@gmail.com.

14. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Dlightning.

Dlightning has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Dlightning 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

The inclusion of a link does not imply endorsement, approval, or control by Dlightning. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

15. Force Majeure

Dlightning shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to our information technology systems by third parties, or any other cause beyond our reasonable control.

16. Electronic Communications

By using our Site or services, you consent to receiving communications from us electronically. These communications may include notices about your account, privacy and security notices, service announcements, and promotional information.

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Electronic communications will be deemed received by you when sent to the email address you have provided to us.

You are responsible for keeping your email address current with us. To update your email address, please access your account settings or contact us at dlightningexperience@gmail.com.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

18. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent.

Dlightning may assign these Terms, including all our rights, obligations, and liabilities under these Terms, to any of our affiliates, to any successor in interest of any business associated with the services, or to any other company, without prior notice to you and without your consent.

Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.