terms of service -

1. terms of use: by accessing the wicked whimsy arts website (“website”), or by downloading and using any wicked whimsy arts download or file (collectively, the “wicked whimsy arts platform”), you agree that you are bound by these terms and by all applicable laws and regulations. if you do not agree with any of these terms, you must leave this website and discontinue use of the wicked whimsy arts platform immediately. the materials contained on the wicked whimsy arts platform are protected by applicable patent, copyright, and trademark law. this website includes (a) a wicked whimsy arts website, (b) all information included on the wicked whimsy arts website, and (c) any service, subscription, or files accessible via the wicked whimsy arts website (referred to as “product(s).” the wicked whimsy arts websites include fortunasvg.com, fortunadraws.com, and any future websites and applications developed by wicked whimsy arts. to get help with the wicked whimsy arts platform, you may email us at mail@fortunasvg.com.

2. reservation of rights: you acknowledge and agree that the wicked whimsy arts platform is provided under license, and not sold, to you. by downloading or otherwise accessing the wicked whimsy arts platform, you do not acquire any ownership interest in the wicked whimsy arts platform, or any other rights thereto other than to use the wicked whimsy arts platform in accordance with the license granted, and subject to these terms. wicked whimsy arts and its licensors and service providers reserve and retain their entire right, title, and interest in and to the wicked whimsy arts 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 wicked whimsy arts platform may not be accessible for use in all locations. if you are using the wicked whimsy arts 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 wicked whimsy arts 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 wicked whimsy arts platform in conjunction with, and under the supervision of, your parent or guardian.

4. purchases: wicked whimsy arts’ acceptance of your order or subscription will take place when wicked whimsy arts emails you to accept it, at which point a contract will come into existence between you and wicked whimsy arts (referred to as “contract”). if wicked whimsy arts is unable to accept your order for any reason, wicked whimsy arts will inform you of this and will not charge you for the product. wicked whimsy arts will assign an order number to your order and notify you of the order number upon acceptance of your order.

5. products: wicked whimsy arts has made every effort to display images accurately. the images of the products on the wicked whimsy arts platform are for illustrative purposes only and wicked whimsy arts cannot guarantee that a device’s display accurately reflects the product(s). your product may vary slightly from those images displayed on the wicked whimsy arts platform. wicked whimsy arts may update or require you to update digital content for any reason.

5.1 – refund – product defect: wicked whimsy arts will make the product available for download by you as soon as wicked whimsy arts accepts your order. wicked whimsy arts 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, wicked whimsy arts can either resolve the issue or refund you the price you paid for the product (referred to as “wicked whimsy arts refund policy”). the wicked whimsy arts 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 wicked whimsy arts cannot resolve your issue with your product within seven (7) days, wicked whimsy arts 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, wicked whimsy arts will still make every reasonable attempt to assist you with any problems encountered with the wicked whimsy arts 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 wicked whimsy arts product, wicked whimsy arts 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 wicked whimsy arts’ sole discretion. wicked whimsy arts 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 wicked whimsy arts 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 wicked whimsy arts, whether as an individual product or as part of a bundle, wicked whimsy arts can refund the price you paid most recently for the product within thirty (30) days of purchase. wicked whimsy arts 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: wicked whimsy arts may need certain information from you so that wicked whimsy arts can supply the product(s) to you. if so, this will have been stated in the description of the product(s) on the wicked whimsy arts platform. if you do not give wicked whimsy arts this information within a reasonable time, or if you give wicked whimsy arts incomplete or incorrect information, wicked whimsy arts 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 wicked whimsy arts for any extra work that is required as a result. wicked whimsy arts 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 wicked whimsy arts the information needed.

wicked whimsy arts 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. wicked whimsy arts may contact you in advance to tell you we will be suspending supply of a product but cannot guarantee that wicked whimsy arts will do so. if wicked whimsy arts has to suspend a product, you may contact wicked whimsy arts 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 wicked whimsy arts has to suspend a product in its entirety that requires an ongoing payment or subscription, wicked whimsy arts 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 wicked whimsy arts 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, wicked whimsy arts 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 wicked whimsy arts 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 wicked whimsy arts has done or has told you, wicked whimsy arts is going to do as set forth below in this paragraph, the contract will end immediately, and wicked whimsy arts 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:

wicked whimsy arts 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 wicked whimsy arts’ control;
wicked whimsy arts has suspended supply of the product(s) for technical reasons, or notifies you wicked whimsy arts 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 wicked whimsy arts 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 wicked whimsy arts emails you to confirm wicked whimsy arts’ 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 wicked whimsy arts 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 wicked whimsy arts 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 wicked whimsy arts is not at fault and you are not a consumer who has changed their mind, just contact wicked whimsy arts to let us know. the contract will end immediately, and wicked whimsy arts will refund any sums paid by you for product(s) not provided; but wicked whimsy arts may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs wicked whimsy arts will incur as a result of your ending the contract.

8. wicked whimsy arts contact and response: to end the contract with wicked whimsy arts, notify wicked whimsy arts of a concern with a product, ask a question, or leave a comment with wicked whimsy arts, please let us know by email. you can email wicked whimsy arts customer services at mail@fortunasvg.com. 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, wicked whimsy arts will refund you the price you paid for the product(s), by the method you used for payment subject to these terms. however, wicked whimsy arts may make deductions from the price. wicked whimsy arts 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 wicked whimsy arts you have changed your mind.

9. termination – wicked whimsy arts: upon notice, wicked whimsy arts may end the contract for a product(s) at any time if:

you do not make any payment to wicked whimsy arts when it is due, and you still do not make payment within seven (7) days of wicked whimsy arts reminding you that payment is due;
wicked whimsy arts considers you to be in breach of these terms;
you do not provide wicked whimsy arts with information that is necessary for wicked whimsy arts to provide the product(s); or
you do not, within a reasonable time, allow wicked whimsy arts to supply the products to you.

if wicked whimsy arts ends the contract in the situations set out above in paragraph 9, wicked whimsy arts will refund any money you have paid in advance for product(s) wicked whimsy arts has not provided, but wicked whimsy arts may deduct or charge you reasonable compensation for the net costs wicked whimsy arts will incur as a result of your breaking the contract. wicked whimsy arts may state the withdrawal date on the website or, if wicked whimsy arts provides you with subscription services, wicked whimsy arts may write to you to let you know that wicked whimsy arts is going to stop providing the product(s). wicked whimsy arts 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 wicked whimsy arts supplies the product, wicked whimsy arts 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. wicked whimsy arts 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, wicked whimsy arts will charge the lower amount.

wicked whimsy arts accepts payment via paypal or by a third-party online card payment service. wicked whimsy arts 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 wicked whimsy arts 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. wicked whimsy arts responsibility – consumer: if wicked whimsy arts fails to comply with these terms, wicked whimsy arts is responsible for loss or damage you suffer that is a foreseeable result of wicked whimsy arts breaking this contract or our failing to use reasonable care and skill, but wicked whimsy arts is not responsible for any loss or damage that is not foreseeable or that cannot be proven was caused by wicked whimsy arts. loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both wicked whimsy arts and you knew it might happen, for example, if you communicated it with wicked whimsy arts during the sales process or it is listed in documentation on the wicked whimsy arts platform. wicked whimsy arts does not exclude or limit in any way wicked whimsy arts liability to you where it would be unlawful to do so. this includes liability for death or personal injury caused by wicked whimsy arts’ 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 wicked whimsy arts provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to wicked whimsy arts; supplied with reasonable skill and care and, where installed by wicked whimsy arts, correctly installed; and for defective products under the consumer protection act 1987.

if product(s) which wicked whimsy arts supplied damages a device or digital content belonging to you and this is caused by wicked whimsy arts’ failure to use reasonable care and skill, wicked whimsy arts will either repair the damage or pay you compensation subject to the limits set forth in these terms and conditions. however, wicked whimsy arts will not be liable for damage which you could have avoided by following wicked whimsy arts’ 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.

wicked whimsy arts is not liable for business losses. if you are a consumer, we only supply the product(s) for the uses set forth in the wicked whimsy arts license purchased by you. if you use the products for any commercial, business, or profit purpose (referred to as “business” or “business use”), wicked whimsy arts’ liability to you will be limited as set forth below. you agree as part of these terms and conditions that wicked whimsy arts’ maximum aggregate liability to you under or in connection to any contract between you and wicked whimsy arts will be limited to no more $50 usd.

11. wicked whimsy arts responsibility– business: wicked whimsy arts is not liable for any business loss. nothing in these terms shall limit or exclude wicked whimsy arts liability for:

death or personal injury caused by wicked whimsy arts’ negligence, or the negligence of wicked whimsy arts’ employees, agents, or subcontractors (as applicable);
fraud or fraudulent misrepresentation; or
defective products under the consumer protection act 1987.

subject to clause listed above:

wicked whimsy arts 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
wicked whimsy arts’ 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 wicked whimsy arts 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: wicked whimsy arts provides the materials on the wicked whimsy arts platform “as is.” wicked whimsy arts 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. wicked whimsy arts does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on the wicked whimsy arts platform. wicked whimsy arts 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 wicked whimsy arts platform.

14. assumption of risk: you acknowledge and agree that you should not rely on the wicked whimsy arts 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 wicked whimsy arts platform. you acknowledge that wicked whimsy arts makes no representation that (a) the wicked whimsy arts platform will be uninterrupted, secure, or error-free; (b) the results obtained from use of the wicked whimsy arts platform will be accurate or reliable; or (c) any errors on the wicked whimsy arts platform will be corrected. you acknowledge that wicked whimsy arts takes commercially reasonable efforts to keep the wicked whimsy arts 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 wicked whimsy arts platform. you assume all risk for any damage to your computer system or loss of data or images that results from using the wicked whimsy arts platform.

15. limitation of liability and actions: in no event shall wicked whimsy arts, 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 wicked whimsy arts 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 wicked whimsy arts 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 wicked whimsy arts 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 wicked whimsy arts platform, your violation of the terms, or your violation of any rights of another.

17. your conduct: by using the wicked whimsy arts 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 wicked whimsy arts platform. you also agree not to interfere with the servers or networks connected to the wicked whimsy arts platform or to violate any of the procedures, policies, or regulations of networks connected to the wicked whimsy arts platform, the terms of which are incorporated herein. you also agree not to: (1) impersonate any other person while using the wicked whimsy arts platform; (2) conduct yourself in a vulgar, offensive, harassing, or objectionable manner while using the wicked whimsy arts platform; (3) use the wicked whimsy arts platform for any unlawful purpose; or (4) resell or export any software, promotional image, video, manual, guide, tutorial, or other wicked whimsy arts generated customer service or educational product associated with the wicked whimsy arts platform. wicked whimsy arts does not promote, recommend, or condone use of the wicked whimsy arts platform during activities where there is a significant risk of accident. you agree not to use the wicked whimsy arts platform during such activities.

18. revisions and errors: the materials appearing on the wicked whimsy arts platform may include technical, typographical, or photographic errors. wicked whimsy arts does not warrant that any of the materials on the wicked whimsy arts platform or in any marketing materials are accurate, complete, or current. wicked whimsy arts may make changes to the materials contained on the wicked whimsy arts platform or in its marketing materials any time without notice. wicked whimsy arts does not make any commitment to update any of these materials.

19. links: wicked whimsy arts has not reviewed all links that may be posted on the wicked whimsy arts platform and is not responsible for the contents of any such linked site. the inclusion of any link does not imply endorsement by wicked whimsy arts of the third-party site or endorsement of the wicked whimsy arts platform by the third-party link. use of any such linked website is at the user’s own risk.

20. site terms of use modifications: wicked whimsy arts may revise these terms at any time without notice. by using the wicked whimsy arts platform, you are agreeing to be bound by the then-current version of these terms.

21. electronic communications: by utilizing the wicked whimsy arts platform, you consent to receive electronic communications and notices from wicked whimsy arts. 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 wicked whimsy arts 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 wicked whimsy arts of any unauthorized use of your account. you acknowledge that if you wish to protect your transmission of information to wicked whimsy arts, it is your responsibility to use a secure encrypted connection to communicate with the wicked whimsy arts platform. you are solely responsible for securing and backing up your content.

23. intellectual property rights: wicked whimsy arts and/or its licensors are the sole owners of the wicked whimsy arts platform and the wicked whimsy arts services, which include any software, method of doing business, domains, and content made available through the wicked whimsy arts platform. except as expressly authorized by wicked whimsy arts, 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 wicked whimsy arts platform. additionally, you must not modify, decompile, or reverse engineer any of the wicked whimsy arts apps, wicked whimsy arts websites, and/or wicked whimsy arts platforms. and you must not remove or modify any copyright notice, trademark notice, or other notice of ownership.

24. trademarks: “wicked whimsy arts trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that wicked whimsy arts uses in connection with its products and services. you may not remove, use, or alter any wicked whimsy arts trademarks without wicked whimsy arts’ prior written consent. you acknowledge wicked whimsy arts’ rights in the wicked whimsy arts trademarks and agree that any use of the wicked whimsy arts trademarks by you will inure to wicked whimsy arts’ sole benefit. you agree not to incorporate any wicked whimsy arts 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 wicked whimsy arts platform. all other trademarks not owned by wicked whimsy arts that appear in connection with the wicked whimsy arts platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by wicked whimsy arts.

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 wicked whimsy arts files or services on the wicked whimsy arts 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 wicked whimsy arts platform and/or your wicked whimsy arts account or support for the wicked whimsy arts 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 wicked whimsy arts platform in any way that would cause us legal liability or disrupt others’ use of the wicked whimsy arts 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: wicked whimsy arts 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, wicked whimsy arts 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 wicked whimsy arts with respect to the contents of the terms. these terms supersede all prior agreements between you and wicked whimsy arts with respect to such terms.

29. modifications: any modifications to these terms may be made by wicked whimsy arts and will be posted on the website or wicked whimsy arts platform.

30. choice of law and arbitration: any claim relating these terms or wicked whimsy arts 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 wicked whimsy arts, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “wicked whimsy arts”) 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 wicked whimsy arts platform, wicked whimsy arts’ 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 wicked whimsy arts. neither you nor wicked whimsy arts 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 wicked whimsy arts’ intention. all remaining provisions of the terms will remain in effect.

32. remedies: the rights and remedies reserved to wicked whimsy arts under these terms are cumulative with, and in addition to, all other remedies provided in law or equity.

33. no waiver: the failure of wicked whimsy arts 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 wicked whimsy arts 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 wicked whimsy arts platform will remain in full effect after termination or expiration of such use.

35. governing law: any claim relating to wicked whimsy arts entities or the wicked whimsy arts 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.