Membership Terms and Conditions Agreement between user and Artfully Yours Designs

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Welcome to Artfully Yours Designs! The www.artfullyyoursdesigns.com website (the "Site") is comprised of various web pages, designs, paintings, templates/traceables, images and tools operated by Artfully Yours Designs ("Artfully Yours"). www.artfullyyoursdesigns.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.artfullyyoursdesigns.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.artfullyyoursdesigns.com is an E-commerce Site

Artfully Yours Designs provides designs and tools for you to create canvas paintings. If you purchase designs to teach, you are entitled to use the design, image, any videos  or tools in your marketing for the design purchased. You may not at any time share these designs with any other individual, studio or entity who will teach these classes or use our designs for profit.

Electronic Communications

Visiting www.artfullyyoursdesigns.com or sending emails to Artfully Yours constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password, designs, templates, tools, images, etc. and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account or purchases to any other person or entity. You acknowledge that Artfully Yours is not responsible for third party access to your account that results from theft or misappropriation of your account. Artfully Yours and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Artfully Yours does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.artfullyyoursdesigns.com only with permission of a parent or guardian.

Cancellation/Refunds

No refunds will be given once your transaction and payment are complete.  Artfully Yours does not provide any guarantee or warantee. 

Individual Designs/Design Package Purchases

Designs purchased individually or as part of a package may be used in perpetuity as long as the terms and conditons are met.

Membership

As a member, you may use designs from the Artfully Yours Designs Catalog/Archive as long as you are a member.  Once you cancel your membership, you must immediately cease to use any design, template, tool, etc. provided to you by AY.  You have the ability to cancel your Artfully Yours Designs subscription at any time (but that doesn't mean we'll forget about all the great memories we share). Your cancellation will take effect at the end of your current billing period. You will not receive a refund for billing that has already occurred, except in the specific instances described below. Once your cancellation is effective, you will no longer have access to our members only sections of our website, nor may you use any designs, templates, marketing materials or other items that are exclusively available to members without written permission.

To ensure that your credit card will not be charged for your next billing period, you MUST cancel your subscription no later than two business days before your next scheduled billing period begins. Once cancelled, you will continue to have access to the Artfully Yours members only sections until the end of the current paid billing period benefits. Upon the expiration of the billing period in which cancellation is received, your Artfully Yours access will be terminated, the subscription will expire, and no further subscription charges will appear on your credit card.  For renewing/recurring subscriptions: Once cancelled, your subscription will terminate at the end of the latest 30-day billing period for which you have previously been charged. No further charges will be applied, and no refunds for the remainder of the billing period will be made.

NOTE: You may request a refund and immediate termination of your subscription in the case of fraudulent or unauthorized.

Links to third party sites/Third party services

www.artfullyyoursdesigns.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Artfully Yours and Artfully Yours is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Artfully Yours is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Artfully Yours of the site or any association with its operators.

Certain services made available via www.artfullyyoursdesigns.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.artfullyyoursdesigns.com domain, you hereby acknowledge and consent that Artfully Yours may share such information and data with any third party with whom Artfully Yours has a contractual relationship to provide the requested product, service or functionality on behalf of www.artfullyyoursdesigns.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.artfullyyoursdesigns.com, templates, videos, marketing materials, instructions, images and other items provided by Artfully Yours Designs strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Artfully Yours that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Artfully Yours or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Artfully Yours content is not for resale. Your use of the Site and Artfully Yours designs, templates/traceables, images, etc. does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely its intended use, and will make no other use of the content without the express written permission of Artfully Yours and the copyright owner. You agree that you do not acquire any ownership rights to any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Artfully Yours or our licensors except as expressly authorized by these Terms.

End Result

Artfully Yours Designs, LLC makes no representations or warranties about the quality of any Work of Art or individual experience created with use of images, instructions, templates/traceables or any other tips or tools provided by Artfully Yours Designs. Every painting/design created with AY assistance will be unique, and any expectation that your painting/design will be an exact copy of the painting/design depicted by Artfully Yours Designs is patently absurd.

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International Users

The Service is controlled, operated and administered by Artfully Yours from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Artfully Yours Content accessed through www.artfullyyoursdesigns.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Artfully Yours, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Artfully Yours reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Artfully Yours in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARTFULLY YOURS DESIGNS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ARTFULLY YOURS DESIGNS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARTFULLY YOURS DESIGNS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTFULLY YOURS DESIGNS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ARTFULLY YOURS DESIGNS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Artfully Yours reserves the right, in its sole discretion, to terminate your access to the Site, designs, templates/traceables, instructions, images, etc. and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Artfully Yours as a result of this agreement or use of the Site. Artfully Yours's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Artfully Yours's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Artfully Yours with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Artfully Yours with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Artfully Yours with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Sharing on Peer-to-Peer networks

When you make a purchase or become a member of Artfully Yours Designs, you are an "authorized user" for designs, images, instructions and other materials provided on this website.  You may use them to profit your studio--that's the idea isn't it!  But, because of the rampant disregard for copyright ownership and law, members are not allowed to share any AY materials with non-members for the intention of teaching or profitting from them. AY members will not post any copyrighted AY designs, instructions or images on any peer-to-peer sites.

Changes to Terms

Artfully Yours reserves the right, in its sole discretion, to change the Terms under which www.artfullyyoursdesigns.com is offered. The most current version of the Terms will supersede all previous versions. Artfully Yours encourages you to periodically review the Terms to stay informed of our updates.