TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 04-01-2015.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship
with our user, and others which may interact or interface with Amy Heller Design. Also known as AHD located in Newtown, Connecticut and our subsidiaries and affiliates in association with the use of the AHD website, which includes
amyhellerdesign.com (the "Site") and its services which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website and blog which has the following description:
Provide graphic design services + products (both digital and physical) as well as provide instructional classes and creative inspiration.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. The user acknowledges and agrees with the Services provided and made available through our website and applications. Which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs and are the sole property of Amy Heller Design. At its discretion, Amy Heller Design may offer additional website Services and/or products, or update, modify or revise any current product and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Amy Heller Design does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept and agree that Amy Heller Design shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, aforementioned review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Amy Heller Design shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Upon registration, you hereby acknowledge that by using amyhellerdesign.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to the Export Administration Regulations (http://www.access.gpo.gov/bis/ear_data.html), as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/santions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/listtocheck.htm) nor a member of any other government which
may be pan of an export-prohibited country identified in applicable export and import laws and regulations:
b) agree not to transfer any software, technology or any other technical data through the use of our network Services
to any export-prohibited country;
c) agree not to post, transfer nor upload any software, technology or any other technical data which would be in
violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Amy Heller Design shall not lay claim to ownership of any content submitted by any visitor or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Amy Heller Design the below listed worldwide. royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Amy Heller Design 's
site, the license provided to permit to use, distribute. reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of providing and promoting the specific area
to which this content was placed and/or made available for viewing. This license shall be available so long as you
are a member of Amy Heller Design's sites. and shall terminate at such time when you elect to discontinue your
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of
Amy Heller Design's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Amy Heller Design's sites and shall terminate at such time when you
elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Amy Heller Design's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use,
Distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or
medium current used or later developed. Those areas which may be deemed "publicly accessible" areas of Amy Heller Design's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to visitors.
CONTRIBUTIONS TO COMPANY WEBSITE
Amy Heller Design provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your Contributions do not contain any type of confidential or proprietary information:
b) AHD shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied. Related to any Contributions;
c) AHD shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of AHO; and
e) AHD is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users herein agree to insure and hold Amy Heller Design, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services. the use of AHD Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to AHD’s sites.
Amy Heller Design shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not he held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover. you herein agree that Amy Heller Design shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Amy Heller Design or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such,we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Amy Heller Design shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Amy Heller Design's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by
applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Amy Heller Design or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Amy Heller Design Services (e.g. Content or Software), in whole or part
Amy Heller Design herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Amy Heller Design for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF AMY HELLER DESIGN SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.
OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. AMY HELLER DESIGN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY
KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
b) AMY HELLER DESIGN AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES. AGENTS, PARTNERS AND
LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) AMY HELLER DESIGN SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS: (ii) AMY HELLER DESIGN SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY. SECURE OR ERROR-FREE: (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE Of THE AMY HELLER DESIGN SERVICES OR
SOFTWARE WILL BE ACCURATE OR RELIABLE: (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS: AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF AMY
HELLER DESIGN SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION
AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE
ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS. DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL THAT MAY BE
OBTAINED BY YOU FROM AMY HELLER DESIGN OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.