— Terms of Sale —

This document declares the terms and conditions which must be agreed to by any purchasers (potentially you) of a digital snowglobe based on the digital snowglobe software by Silvas Digital (us). By purchasing such a snowglobe you declare that you fully agree and legally commit to abide by these terms and conditions.

General Terms

• Similar to buying a copy of a book or movie, despite any customization/personalization, when purchasing a digital snowglobe you are NOT buying the copyright or ownership of the underlying software or auditory/visual content, etc.—These remain the property of their respective owners.
• Due to the nature of software sales, all digital snowglobe sales will be final and no “returns” or refund requests will be accepted for any foreseeable reason—So PLEASE, for your benefit, download one of the free snowglobes to make sure you are happy with the software, and review these terms and conditions, the software license (discussed later in this section), and the system requirements in their entirety before making a digital snowglobe purchase. (However, the correction of typos, graphical blemishes, and the like is not foreseen to be a problem and will be allowed, except where the proposed or requested changes, in our opinion, seem to be beyond mere “correction”.)
• We have the right to refuse any order/purchase for any reason—in which case we will refund all related funds, but may or may not provide explanation.
• Orders for snowglobes with content which, in our opinion, is not “appropriate for all audiences” will be denied.
• To help us ensure we are not unlawfully doing business with and exporting to a country or person under applicable U.S. embargo (e.g., Cuba, Iran, Sudan, Syria) a billing name and address must, at the time of purchase, be provided to our online payment processor (currently PayPal). Our payment processor will then verify this information and pass it on to us for our review and record. We assure you that we will responsibly protect this and any other personally identifiable information we receive from you, and not disclose it to third parties (except, naturally, where required to do so by law, etc).
• Use of the purchased snowglobe software will be governed by the End-User License Agreement.

Terms Specific to “Custom Content” Snowglobe Sales

This section declares the additional terms and conditions for snowglobe purchases where the purchaser is providing visual content (i.e., any graphical element) for the snowglobe.

• Inclusion/display in our online galleries is not guaranteed and is at our ongoing discretion.
• You warrant that you are a legal adult. (For legal purposes, a minor may only have a custom content snowglobe ordered/etc. with their legal guardian making the purchase and agreeing to these Terms of Sale on their behalf.)
• You warrant that you have all applicable permissions and usage rights to the visual content you are providing for the snowglobe, and you declare that you will take full responsibility, paying/serving/etc. any and all penalties and expenses arising from the contrary to your warranting being found to be the case.
• If you are purchasing this snowglobe for a third party, you warrant that they also are in full agreement and compliance with the terms and conditions in this entire document.

(Rev. 2005.09.22)