Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Phillip Fairbrother LLC, doing business as The Digital Fair ("The Digital Fair," "Company," "we," "us," or "our"), a North Carolina limited liability company, with respect to your access to and use of the website located at thedigitalfair.com ("Site") and all related services, tools, platforms, and features provided by The Digital Fair, including but not limited to website design, development, hosting, content management, domain registration, and related services (collectively, the "Services").

By accessing, browsing, or using the Site or any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to all of these Terms, you must immediately discontinue your use of the Site and Services.

2. Eligibility

You must be at least eighteen (18) years of age and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement in order to use the Services. By using the Services, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Services.

3. Description of Services

The Digital Fair is a web design studio and SaaS platform specializing in professional websites for independent creators, including but not limited to authors, musicians, visual artists, and other creative professionals. Our Services include:

Website Design and Development. Custom and template-based website creation using our proprietary content management system (CMS) platform.

Website Hosting. Hosting of Client websites on our platform infrastructure, delivered via subdomains or custom domains.

Content Management. Access to our multi-tenant CMS platform, enabling Clients to manage, update, and publish website content through an administrative portal.

Domain Registration. Domain name search, registration, and management services facilitated through third-party domain registrars on behalf of Clients.

Additional Services. Such other services as may be offered by The Digital Fair from time to time, including but not limited to analytics integration, social media integration, and related features.

The specific features and scope of Services available to you will depend on the subscription plan you select. The Digital Fair reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4. Account Registration and Security

To access certain features of the Services, you must create an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify The Digital Fair immediately at support@thedigitalfair.com of any unauthorized use of your account or any other breach of security. The Digital Fair shall not be liable for any loss or damage arising from your failure to maintain the security of your account.

5. Free Trial

The Digital Fair may offer a fourteen (14) day free trial period for new accounts. During the free trial, you will have access to the features included in the applicable subscription plan. At the end of the free trial period, your account will automatically convert to a paid subscription unless you cancel prior to the expiration of the trial period. By providing payment information at the time of registration, you authorize The Digital Fair to charge your selected payment method upon the expiration of the free trial period. No charges will be made during the free trial period.

6. Subscription Plans, Fees, and Payment

6.1 Subscription Plans

The Digital Fair offers subscription plans on a monthly or annual basis, as selected by the Client at the time of purchase. Current pricing and plan details are available on the Site. The Digital Fair reserves the right to change its pricing at any time upon reasonable notice to existing subscribers.

6.2 Payment

All payments are processed through Stripe, a third-party payment processor. By providing your payment information, you agree to Stripe's terms of service and privacy policy. The Digital Fair does not directly store or process your credit card or bank account information. You are responsible for ensuring that your payment information remains current and valid.

6.3 Automatic Renewal

IMPORTANT - AUTOMATIC RENEWAL NOTICE (N.C.G.S. §75-41): Your subscription will automatically renew at the end of each billing cycle (monthly or annually, as applicable) unless you cancel your subscription prior to the renewal date. For annual subscriptions, The Digital Fair will provide you with written notice via email at least fifteen (15) days, but no earlier than forty-five (45) days, before the date your subscription is scheduled to automatically renew, stating the renewal date and notifying you that your subscription will automatically renew unless cancelled prior to that date. If the terms of your subscription will change upon renewal, such changes will be disclosed clearly and conspicuously in the renewal notice. You may cancel your subscription at any time through your account settings or by contacting support@thedigitalfair.com.

6.4 Refunds

Fees for subscription plans are generally non-refundable except as required by applicable law. If you cancel your subscription, you will retain access to the Services through the end of your current billing period. No partial refunds or credits will be issued for unused portions of a subscription period.

7. Client Content and Intellectual Property

7.1 Client Content

You retain all ownership rights in the text, images, media, data, and other materials that you upload, publish, or otherwise make available through the Services ("Client Content"). By submitting Client Content to the Services, you grant The Digital Fair a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute your Client Content solely as necessary to provide the Services to you. This license terminates when you delete your Client Content or your account, except that copies may be retained in backup systems for a reasonable period.

7.2 Company Intellectual Property

The Site, the Services, and all associated intellectual property, including but not limited to software, code, designs, templates, graphics, text, logos, trademarks, and trade dress, are and shall remain the exclusive property of The Digital Fair or its licensors. Nothing in these Terms grants you any right, title, or interest in the Company's intellectual property except for the limited right to use the Services as expressly permitted herein.

7.3 Client Responsibility for Content

You are solely responsible for your Client Content and the consequences of publishing it. You represent and warrant that you own or have the necessary rights, licenses, and permissions to use and authorize The Digital Fair to use your Client Content as described in these Terms, and that your Client Content does not infringe or violate the intellectual property rights, privacy rights, or any other rights of any third party, or violate any applicable law or regulation.

8. Digital Millennium Copyright Act (DMCA) Policy

The Digital Fair respects the intellectual property rights of others and expects its Clients to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. §512), The Digital Fair will respond expeditiously to claims of copyright infringement committed using the Services.

8.1 Filing a DMCA Takedown Notice

If you believe that content hosted on a website powered by The Digital Fair infringes your copyright, you may submit a written notification to our designated agent containing the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work claimed to have been infringed; (c) A description of where the allegedly infringing material is located on the Service, with sufficient detail to allow us to find it; (d) Your contact information, including address, telephone number, and email address; (e) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DMCA notices should be sent to: support@thedigitalfair.com with the subject line "DMCA Takedown Notice."

8.2 Counter-Notification

If you believe that your Client Content was removed or disabled by mistake or misidentification, you may submit a written counter-notification containing the information required under 17 U.S.C. §512(g)(3). Upon receipt of a valid counter-notification, The Digital Fair will forward it to the original complainant and restore the removed content within ten (10) to fourteen (14) business days unless the original complainant notifies us that they have filed a court action.

8.3 Repeat Infringers

The Digital Fair reserves the right to terminate the accounts of Clients who are determined to be repeat infringers of copyrighted material, in The Digital Fair's sole discretion.

9. Acceptable Use

You agree not to use the Services to: (a) violate any applicable local, state, national, or international law or regulation; (b) upload, publish, or transmit any content that is unlawful, defamatory, obscene, threatening, invasive of privacy, or otherwise objectionable; (c) infringe upon or violate the intellectual property rights or any other rights of any third party; (d) transmit any viruses, malware, or other harmful code; (e) interfere with or disrupt the integrity or performance of the Services or the servers and networks connected thereto; (f) attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services; (g) engage in any activity that could damage, disable, overburden, or impair the functioning of the Services; or (h) use the Services for any illegal, fraudulent, or unauthorized purpose.

The Digital Fair reserves the right to suspend or terminate your access to the Services, without notice or liability, for any violation of these acceptable use requirements or for any other reason in The Digital Fair's sole discretion.

10. Domain Registration Services

The Digital Fair facilitates domain name registration on behalf of Clients through third-party domain registrars. By requesting domain registration through the Services, you acknowledge and agree that:

(a) Domain registration is subject to the terms, conditions, and policies of the applicable third-party registrar, including ICANN policies where applicable; (b) The Digital Fair acts as an intermediary and does not guarantee the availability of any particular domain name; (c) You are required to provide accurate and complete registrant contact information as required by the applicable registrar and ICANN regulations; (d) You are the registrant of any domain registered on your behalf and are responsible for maintaining accurate WHOIS information; and (e) Domain registration fees are non-refundable once the domain has been registered.

11. Third-Party Services and Links

The Services may integrate with or contain links to third-party websites, applications, and services, including but not limited to payment processors (Stripe), analytics providers (Umami), hosting infrastructure (Vercel), and domain registrars. These third-party services are governed by their own terms of service and privacy policies. The Digital Fair does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk, and you should review the applicable third-party terms before using such services.

12. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DIGITAL FAIR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

THE DIGITAL FAIR MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR INACCURACIES IN WEBSITE TEMPLATES, DESIGNS, OR GENERATED CONTENT. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND ANY RELIANCE ON THE CONTENT THEREIN IS AT YOUR SOLE RISK.

THE DIGITAL FAIR DOES NOT WARRANT THAT THE WEBSITES CREATED USING THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULT, INCLUDING BUT NOT LIMITED TO INCREASED TRAFFIC, REVENUE, OR SEARCH ENGINE RANKINGS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE DIGITAL FAIR, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DIGITAL FAIR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, INCIDENTAL, AND INDIRECT DAMAGES OF EVERY KIND AND NATURE.

NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY LIABILITY IS FOUND, THE TOTAL AGGREGATE LIABILITY OF THE DIGITAL FAIR AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE DIGITAL FAIR DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless The Digital Fair and its owners, members, managers, officers, employees, agents, contractors, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of or access to the Services; (b) your Client Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of the rights of any third party, including intellectual property rights, privacy rights, or publicity rights; or (f) any dispute between you and any third party relating to the Services. The Digital Fair reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with The Digital Fair's defense of such claims.

15. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. By using the Services, you agree that the laws of the State of North Carolina govern these Terms.

Subject to the arbitration provision set forth in Section 16 below, you agree that any and all disputes, claims, or causes of action arising out of or relating to these Terms or the Services that are not subject to arbitration shall be brought exclusively in the state or federal courts located in Wake County, North Carolina. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or lack of jurisdiction.

16. Dispute Resolution: Binding Arbitration and Class Action Waiver

16.1 Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and The Digital Fair agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and The Digital Fair (collectively, "Disputes") shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, rather than in court, except that either party may bring individual claims in small claims court if the claims qualify.

16.2 Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND THE DIGITAL FAIR EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

16.3 Class Action Waiver

YOU AND THE DIGITAL FAIR AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS. NEITHER YOU NOR THE DIGITAL FAIR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF OTHER PERSONS OR PARTIES, OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

16.4 Arbitration Procedures

The arbitration shall be conducted in Wake County, North Carolina, or at another mutually agreed location. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

16.5 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to support@thedigitalfair.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the remaining provisions of these Terms will continue to apply.

17. Termination

The Digital Fair may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. You may cancel your account at any time through your account settings or by contacting support@thedigitalfair.com. Upon termination, your right to use the Services will immediately cease. The Digital Fair will make commercially reasonable efforts to allow you to export your Client Content for a period of thirty (30) days following termination. After that period, The Digital Fair may delete your Client Content and is under no obligation to retain it.

Sections 7 (Client Content and Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Governing Law and Jurisdiction), 16 (Arbitration and Class Action Waiver), and this Section 17 shall survive any termination or expiration of these Terms.

18. Modifications to Terms

The Digital Fair reserves the right to modify, amend, or update these Terms at any time, in its sole discretion, without prior notice to you. All changes are effective immediately upon posting to the Site. We will update the "Last Updated" date at the top of this page to reflect the date of the most recent revision. Your continued use of the Site or Services after any modifications to these Terms constitutes your acceptance of such modifications. It is your sole responsibility to review these Terms periodically for updates. If you do not agree to the modified Terms, you must immediately discontinue your use of the Site and Services.

19. Consent to Electronic Communications

By creating an account or using the Services, you consent to receive electronic communications from The Digital Fair, including but not limited to account notifications, billing information, service updates, renewal notices, and other communications relating to the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law, including N.C.G.S. Chapter 66, Article 40.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent, or if such modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.

21. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and The Digital Fair with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

22. Waiver

The failure of The Digital Fair to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by The Digital Fair.

23. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of The Digital Fair. The Digital Fair may assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

24. Contact Information

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