Amanda Brooke Designs Terms of Service (“Agreement”)
The following Terms of Service are entered by and between You and Amanda Brooke Designs (“Company”, “we”, “our” or “us”). Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using amandabrookedesigns.com (“the Site”) operated by Amanda Brooke Designs. This Agreement sets forth the legally binding Terms of Service for your use of the Site at amandabrookedesigns.com By accessing or using the Site in any manner, you agree to be bound by these Terms of Service. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Amanda Brooke Designs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Acceptance of Terms of Service and Amendments
Digital Products Condition
Any purchaser of our digital products may use and install our product(s) on any and all systems that the user personally uses or owns including but not limited to their home desktop, laptop, a work computer, tablet, etc. These purchases grant you a limited, personal, non-exclusive, non-transferable license to use our material for your own personal.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the products in any manner. You agree that the products you purchase, or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the products and you shall not offer any competing products or services based upon any information contained in the products.
Your Responsibilities and Registration Obligations
Registration and Password
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration, user account or password.
Due to the nature of our processes, our orders will be made available immediately after payment has been made and verified. If you have not been given access to your order immediately after payment is made and verified Amanda Brooke Designs will contact buyer and update will be given regarding the order.
Unless requested, deliveries will be sent with No Signature Required. We are committed to securing the private information that you share with us. Amanda Brooke Designs will never share or sell any of your personal information, including your email address.
Exchanges and Returns
Our goal is to provide the utmost positive and satisfying shopping experience at Amanda Brooke Designs. We do not accept returns or issue returns due to the nature of our business.
If applicable at any point of conducting business with us shipping costs are nonrefundable & return-shipping costs will be the responsibility of the buyer.
All products and services remain Amanda Brooke Designs’ property until full payment is made. The price applicable is set at the date on which you place your order. Service costs, product costs, shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old, you must have parents’ permission to buy from Amanda Brooke Designs.
All transfers conducted through Amanda Brooke Designs are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored, and all card information is handled over SSL encryption. Please read the terms of service for the payment gateway chosen for the transaction as they are responsible for the transactions made.
Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customer’s own expense.
Warranty of Products
Amanda Brooke Designs DOES NOT ISSUE OR GIVE WARRANTIES FOR ANY PRODUCTS SOLD BY USING OUR SITE. MOREOVER, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Amanda Brooke Designs DOES NOT WARRANT THE OPERATION OF ITS OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SERVICE OR PRODUCT(S) SHOULD THE SERVICE OR PRODUCT(S) PROVE DEFECTIVE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN Amanda Brooke Designs AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
Submission of Content on this Site
By providing any Content to our website you agree to all of the following statements listed below:
(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
LIMITATION OF LIABILITY
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
Regards to Communication
We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our site, forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our site, forum, bulletin board, chat room, or any other user interactive area of our site (“forums”).
We do not endorse or lend any credence for any statements that are made by any participant in our forums. Any opinions or views expressed by our participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
You are fully responsible for your own statements and materials that you post in our forums and any consequences, unforeseen or not, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
As a participant in our forums, you agree that we may remove any materials from our forums for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forums or from the discontinuance of our forums at any time.
Important Communication Note: When opting to do shares through our sites social accounts we own based on the service you have subscribed to when you placed an order for your campaign may be shared through third party accounts. Moreover, please note since when shares are conducted through a 3rd party service we will not have the ability to access the amount of friends/followers one may have.
For any disputes or discrepancies you may have with Amanda Brooke Designs, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
Reservation of Rights
We reserve all our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address: firstname.lastname@example.org
Amanda Brooke Designs SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Amanda Brooke Designs takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
You agree that this Terms of Service and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.
(i) In the event that this Terms of Service conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Service will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Service shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Service and we shall be relieved of any further obligation.
This Agreement was last modified on May 3, 2020
Termination for Convenience
You agree that Amanda Brooke Designs exclusively reserves the right and may, at any time and without notice and at their own discretion, terminate or cancel the services and products provided under this Agreement.
Changes to Terms of Service
Amanda Brooke Designs reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates. You acknowledge and agree that it is your responsibility to review these terms periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and Terms of Service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Amanda Brooke Designs welcomes your questions or comments regarding these Terms:
Amanda Brooke Designs
Effective as of May 3, 2020