Terms & Conditions

Effective date: July 19, 2026

1. AGREEMENT TO THESE TERMS

These Terms and Conditions (the "Terms") are a binding legal agreement between you and Darren Zanolini, the owner and operator of cherrytheater.com (the "Site"). By accessing or browsing the Site, creating an account, making a purchase, or making a donation, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not use the Site. Your use of the Site and your submission of an order constitute your acceptance of these Terms, and the delivery of digital content and the grant of the license described below constitute the consideration for that agreement.

2. WHO WE ARE

The Site is owned and operated by Darren Zanolini, an independent author offering his own written and creative works for sale, including digital books and related content (the "Products"). You can contact us at any time through the contact page on the Site. References in these Terms to "we", "us", and "our" mean Darren Zanolini.

3. ELIGIBILITY

You must be at least 18 years old, or the age of majority in your place of residence if higher, to make a purchase on the Site. By making a purchase you represent and warrant that you meet this requirement and that you have the legal capacity to enter into a binding contract. If you are under 18, you may use the Site only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

4. PRODUCTS AND DIGITAL CONTENT

The Products sold on the Site are digital goods, delivered electronically. No physical item will be shipped and nothing sold on the Site requires shipping. Product descriptions, cover images, and prices are displayed on the Site and may be corrected or changed at any time before a purchase is completed. We make reasonable efforts to describe the Products accurately, but we do not warrant that all descriptions are complete, current, or error free. Items marked as coming soon are not offered for sale, are displayed for informational purposes only, and cannot be purchased until they are released. We reserve the right to withdraw any Product from sale at any time.

5. PRICE AND PAYMENT

All prices are stated in United States dollars unless otherwise indicated. Payment is due in full at the time of purchase and is collected through our third party payment processor, Stripe. By submitting payment information you authorize us and Stripe to charge the total amount shown at checkout to the payment method you provide. You represent and warrant that you are authorized to use that payment method. We do not receive or store your full card number. If a charge is declined, reversed, or disputed, we may cancel the related order, suspend delivery, and suspend access to the related content until the matter is resolved. Obvious pricing errors do not bind us, and we may cancel and refund any order placed at a price that was displayed in error.

6. TAXES

Prices shown may not include applicable taxes. Where we are required by law to collect sales tax, value added tax, or a similar tax on a purchase, that tax will be calculated and added at checkout or otherwise handled as required by law. You are responsible for any taxes, duties, or government charges that apply to your purchase under the laws of your place of residence, other than taxes on our income.

7. DELIVERY

Digital content is made available to you after your payment is confirmed. Delivery is completed when the content is made available for download through the Site or is sent to the email address you provided at checkout, whichever occurs first. You are responsible for providing an accurate and working email address and for maintaining access to it. If you believe you have paid for content and have not received it, contact us through the Site and we will make reasonable efforts to verify the order and redeliver the content. We are not responsible for delivery failures caused by inaccurate contact information, spam filtering, or issues with your email provider or device.

8. REFUNDS

Because the Products are digital goods that cannot be returned once delivered, all sales are final upon delivery of the content, except where a refund is required by applicable law. If the content you purchased is defective, materially different from its description, or was never delivered, contact us within 14 days of the purchase date and we will work with you in good faith to redeliver the content, provide a corrected copy, or issue a refund at our reasonable discretion. Refunds, where granted, are issued to the original payment method. You agree to contact us and allow a reasonable opportunity to resolve any problem before initiating a chargeback or payment dispute, and you acknowledge that initiating a payment dispute does not by itself terminate your obligations under these Terms.

9. DONATIONS

The Site accepts voluntary donations. Donations are gifts made to support the author and his work. Donations are not payments for goods or services, do not entitle the donor to any product, content, or benefit, are not refundable, and are not tax deductible. Darren Zanolini is an individual and not a charitable organization. Donations are processed by Stripe on the same basis as other payments.

10. LICENSE AND INTELLECTUAL PROPERTY

All content on the Site and in the Products, including text, stories, titles, artwork, illustrations, photographs, cover designs, logos, and the selection and arrangement of all of these, is owned by Darren Zanolini or his licensors and is protected by copyright, trademark, and other intellectual property laws of the United States and other countries. When you purchase a Product, you receive a limited, personal, non-exclusive, non-transferable, revocable license to download, store, and read the content for your own private, non-commercial use. All rights not expressly granted to you are reserved. You may not copy, reproduce, share, lend, resell, sublicense, publish, distribute, publicly display, publicly perform, translate, adapt, or create derivative works from any Product or any Site content, in whole or in part, without prior written permission. You may not remove or alter any copyright notice or other proprietary notice. Any use of the content outside the scope of this license is a material breach of these Terms, automatically terminates the license, and may violate copyright law, exposing you to civil and criminal liability.

11. ACCOUNTS

If you create an account on the Site, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us promptly through the contact page if you believe your account has been accessed without authorization. We may suspend or terminate any account that violates these Terms or that we reasonably believe has been compromised.

12. ACCEPTABLE USE

You agree that you will not use the Site for any unlawful purpose or in violation of these Terms. Without limiting the foregoing, you agree not to interfere with or disrupt the operation or security of the Site, not to attempt to gain unauthorized access to the Site, its server, or any connected systems or data, not to probe, scan, or test the vulnerability of the Site, not to use any robot, spider, scraper, or other automated means to access or copy the Site or its content, not to frame or mirror any part of the Site, not to upload or transmit viruses or any other malicious code, and not to impersonate any person or misrepresent your affiliation with any person or entity.

13. THIRD PARTY SERVICES AND LINKS

The Site uses third party services, including Stripe for payment processing, and may contain links to websites or services that we do not own or control, including social media platforms. We are not responsible for the content, policies, or practices of any third party website or service. Your use of a third party service is governed by that third party's own terms and privacy policy, and you access it at your own risk.

14. ELECTRONIC COMMUNICATIONS

By using the Site, making a purchase, or contacting us electronically, you consent to receive communications from us electronically, including by email, and you agree that all agreements, notices, disclosures, receipts, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that your electronic acceptance of these Terms, including by clicking a button, completing a purchase, or continuing to use the Site, has the same legal effect as a handwritten signature.

15. DISCLAIMER OF WARRANTIES

The Site and the Products are provided on an as is and as available basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. The Products are works of creative writing offered for entertainment, and nothing in them constitutes professional advice of any kind. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Darren Zanolini be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, use, or goodwill, arising out of or relating to these Terms, the Site, or the Products, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not we were advised of the possibility of such damages. To the fullest extent permitted by law, our total cumulative liability for all claims arising out of or relating to these Terms, the Site, or the Products will not exceed the total amount you paid to us for the Product giving rise to the claim during the 12 months before the event giving rise to the claim, or 50 United States dollars if you have not made a purchase. The limitations in this section apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Darren Zanolini from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorney fees, arising out of or relating to your breach of these Terms, your violation of any law or the rights of a third party, or your misuse of the Site or the Products. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that claim.

18. TERMINATION

We may suspend or terminate your access to the Site, or any part of it, at any time, with or without notice, if you violate these Terms or if we reasonably believe termination is necessary to protect the Site, other users, or ourselves. Upon termination, your right to use the Site ceases immediately. Any provision of these Terms that by its nature should survive termination will survive, including the license restrictions, disclaimers of warranties, limitations of liability, indemnification obligations, and the governing law and dispute provisions.

19. FORCE MAJEURE

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, or failures of hosting, payment, or other third party service providers.

20. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and any dispute arising out of or relating to them, the Site, or the Products are governed by the laws of the State of California, without regard to its conflict of law rules, and, where applicable, the federal laws of the United States. Before filing any claim, you agree to first contact us through the Site and attempt in good faith to resolve the dispute informally for a period of at least 30 days from the date of your notice. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party consents to the personal jurisdiction of, and venue in, those courts and waives any objection based on inconvenient forum. Nothing in this section prevents either party from bringing a qualifying individual claim in small claims court. To the extent permitted by law, any claim must be brought within one year after the claim arose, or it is permanently barred. You agree that any proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action.

21. CHANGES TO THESE TERMS

We may revise these Terms from time to time. The revised version will be posted on this page with a new effective date, and it becomes effective when posted. Changes do not apply retroactively to purchases completed before the change. Your continued use of the Site after revised Terms are posted constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Site.

22. NOTICES

We may give you notice by posting on the Site or by email to the address associated with your order or account. You may give us notice through the contact page on the Site. Notice is deemed given on the day it is posted or sent.

23. GENERAL PROVISIONS

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision, and no waiver is effective unless made in writing. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms in connection with a sale or transfer of the Site or our business. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and us, and there are no third party beneficiaries of these Terms. These Terms, together with the Privacy Policy and any terms presented at checkout, constitute the entire agreement between you and us regarding the Site and the Products and supersede all prior or contemporaneous understandings.

24. CONTACT

Questions about these Terms can be sent through the contact page on cherrytheater.com. We will make reasonable efforts to respond promptly.