By visiting and using charlibydesign.com (hereinafter the “blog”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the blog. Charli by Design (“I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the blog, you accept those amendments. It is your responsibility to periodically check the blog for updates.
Your continued use of the blog after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the blog if you do not wish to be bound by these Terms and Conditions.
Age Restrictions/United States Use Only
All information and content on this website is intended for individuals over the age of 18. Children as defined in our Privacy Policy are prohibited from using this website. We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the blog including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation.
Privacy Policy
We are dedicated to respecting your privacy. Your acceptance of our Privacy Policy is incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
Disclaimer
Your acceptance of our Disclaimer is incorporated into these Terms and Conditions. Please review Disclaimer for more information.
Mandatory Arbitration & Governing Law
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the blog. In the event of any dispute, claim or controversy arising out of or relating to your use of this blog, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Colorado and United States.
You agree to consent and submit to the jurisdiction of the state and federal courts located in Colorado without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
You agree to resolve any disputes or claims first through mandatory arbitration in the state of Colorado and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
Intellectual Property
All content on this blog including but not limited to text, posts, logos, marks, graphics, files, materials, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the blog for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
User Content & Lawful Use of The Blog
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the blog or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree not upload, display, post, transmit, distribute, send, email or submit to us on the blog or on any of our social media sites any information or Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the blog, and
(f) send unsolicited or unauthorized material or cause disruption in the operation of the blog. You agree to use the blog for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
Third Party Links
The blog may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, we do not own or control these third party websites. Once you click on a third party link and leave this blog, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources.
Termination
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our blog including any or all Content published by you or us at any time for any reason, without notice.
No Warranties
ALL CONTENT OR INFORMATION ON THE BLOG ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS BLOG. WE MAKE NO WARRANTIES THAT THE BLOG WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
Limitation of Liability
You agree that under no circumstances, shall we be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this blog including but not limited to all the content, information, and graphics presented here.
You expressly agree that your use of the blog is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the blog.
You also expressly agree that we shall not be liable to you for any damages resulting from 1) any errors or omissions on the blog, failure of performance of any kind, interruption in the operation and your use of the blog, blog attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the blog; 3) any theft or unauthorized access by third party of your information from the blog regardless of our negligence; and 4) any use or misuse of the information offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
Indemnification
You agree to indemnify and hold us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the blog including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this blog by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. We will notify you promptly of any such claims or liability and reserve the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
Full Agreement
These Terms and Conditions along with our Privacy Policy and Disclaimer constitutes the entire agreement between you and us with respect to this blog. It supersedes all prior communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this blog to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
Severability
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
Contact
For any questions or comments, please email [email protected].