TERMS OF SERVICE
LAST UPDATED: June 17, 2018
1. YOUR USE OF MY SITE(S) AND APP(S)
You may access and use my Site(s) and App(s) solely for your personal, noncommercial use. Except as expressly authorized here-under, my Site(s) and App(s) may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without my prior written authorization. I reserve the right to alter or discontinue my Site(s) and App(s), in whole or in part, at any time in my sole discretion.
Subject to and conditioned upon your compliance with these Terms, I grant to you a non-exclusive, non-transferable, limited right and license, without right of sub-license, to access and use my Site(s) and App(s), including any images, text, graphics, sounds, data, links and other materials incorporated into my Site(s) and App(s) (other than your User Submitted Materials as defined below), solely as made available by me and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of my Site(s) and App(s) or create derivative works of any portion my Site(s) and App(s) without my written consent. While using any of my Site(s) and App(s), you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using any of my Site(s) and App(s), including, without limitation, by means of “hacking” or defacing any portion my Site(s) and App(s);
- Violate any applicable laws or regulations;
- Upload to, transmit through, or display on any of my Site(s) and App(s) (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes my or any third-party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third-party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by me);
- Engage in spamming;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, or other destructive items;
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of my Site(s) and App(s); and
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of my Site(s) and App(s).
- Display adult nudity or inappropriate child nudity.
- Upload photographs of people who have not given permission for their photographs to be uploaded to a share site.
- Use the Share Sites for the sale of goods or services.
- Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies I may have, I may immediately terminate your access to and use of my Site(s) and App(s).
Some features of my Site(s) and App(s) may enable you to send and receive transmissions. You acknowledge that I have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. I reserve the right, in my sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through my Site(s) and App(s) and/or the amount of storage space available for transmissions or for any feature made available through my website.
Please be aware that orders for personalized postage will only be shipped to the United States Territories. Qualified Orders will also be shipped to United States military personnel at APO/FPR addresses worldwide.
The following guidelines have been established by the U.S. Postal Service governing images which are restricted from appearing on customized postage:
- Content or images, whether appearing individually or in combination with other content or images, that may cause the Customized Postage program to become a public forum, including but not limited to:
- Content or images actively advocating or disparaging the religious, political, or legal agenda of any person or entity, including but not limited to content or images designed to influence a specific piece of legislation.
- Partisan or political content or images, including but not limited to content or images supporting or opposing election.
- Content or images related to human reproduction or sexuality, including but not limited to content or images related to services or counseling with regard to pregnancy, abortion, or other sexual matter.
- Unlawful content or images including but not limited to:
- Deceptive, defamatory, slanderous, libelous or obscene content or images.
- Content or images infringing upon the intellectual property rights of any third-party, including but not limited to the MEPS.
- Content or images emulating any form of valid postage indicted or payment of postage.
- Content or images that violate any living or deceased person’s privacy or publicity rights.
- Content or images depicting discrimination on the basis of race, gender, religion, nationality, disability, sexual or political orientation, or age.
- Content or images containing non-incidental depiction of firearms, ammunition, or gambling.
- Content or images depicting graphic violence.
- Content or images depicting illegal activities, illegal substances, and paraphernalia designed for use in connection with illegal substances or activities, or convicted criminals.
- Content or images depicting profanity, nudity, or sexually explicit functions or materials.
- Content or images related to the sales of alcoholic beverages, tobacco or tobacco related products.
- Content or images related to the sale of products designed for use in connection with sexual activity, or product, services or entertainment directed to sexual stimulation.
2. YOUR MEMBER ACCOUNT
You may create a member account with any of my Site(s) and App(s) by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on my Site(s) and App(s). You agree not to disclose your username or password to any third-party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify me of any unauthorized use of your account on any of my Site(s) and App(s).
In order to create a member account with any of my Site(s) and App(s), you must be at least 18 years of age. You represent to me that you are at least 18 years old. If you are not, please do not set up an account with any of my Site(s) and App(s).
3. MAKING PURCHASES
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and my current prices can be found on my Site(s) and App(s). I make reasonable efforts to accurately display the attributes of my products, including the applicable colors; however, the actual color you see will depend on your computer system, and I cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on my Site(s) and App(s) at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through my Site(s) and App(s). By placing an order, you represent that the products ordered will be used only in a lawful manner. I reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon my delivery to my carrier. When you place an order, I will not charge you until I ship the items ordered. I reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
4. CONTESTS AND SWEEPSTAKES
5. MOBILE APPLICATIONS
Before using any of my mobile applications (Colorbook or “Apps”), I may ask you to install a valid copy of the App on your mobile device, register for an account, input your account information into the App as requested, and meet certain hardware and connection requirements which may change as the App evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. Should you uninstall an App from your mobile device, you may not be able to use all or some of the features of the App. I use reasonable efforts to accurately display the attributes of any photographs in products that you order through an App, including the colors of those photographs; however, the actual color you see is dependent upon your mobile device, and I cannot guarantee that your mobile device will accurately display such colors.
6. WEB ADDRESSES (URL)
As part of my services, such as CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D Share Sites, I may provide you with access to and use of certain personalized pages and the corresponding web addresses (URLs) you choose. However, I do not guarantee the availability of any particular web page or URL, and I reserve the right, at any time and in my sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, I may, at my option, provide you with another web page and URL.
7. CUSTOM DESIGN SERVICES
One or more of my brands may offer you the opportunity to engage with my designers (“Custom Design Services”) to create a Custom Design for a specific product (“Custom Designed Product”). By using the Custom Design Services, you agree you are solely responsible (pursuant to Section 1 of these Terms) for the materials you submit to me for the Custom Designed Product. You grant me a fully paid, worldwide, non-exclusive right and license to use your owned or licensed copyrights, logos, insignia, trademarks, and other artistic designs contained in the specific materials submitted to me for the purpose of providing the Custom Design Services and the Custom Designed Product. You continue to own and retain all rights, title and interest in and to your trademarks, copyrights and other intellectual property contained in the Custom Designed Product. I will own and retain all rights, title and interest in and to the final Custom Design and the Custom Designed Product. I will grant you a fully paid, worldwide, non-exclusive right and license to use the Custom Designed Product, provided you have paid for the Custom Design Services in full. You are not obtaining any intellectual property rights from me in the final Custom Design or the Custom Designed Product. You may request the Custom Design be applied to any of my current product offerings. For other products, I may provide you with an electronic version of the Custom Design for your personal use, subject to my sole discretion and an additional fee will apply. If you would like to make changes to your Custom Design or Custom Designed Product, my customer service representatives are available to assist you.
8. THIRD-PARTY SITES, SOFTWARE AND SERVICES
Other sites may provide links to my Site(s) and App(s) with or without my authorization. I do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to my Site(s) and App(s), any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
I will have the right, at any time and in my sole discretion, to block links to my Site(s) and App(s) through technological or other means without prior notice.
9. SOCIAL MEDIA AND OTHER SERVICES
While using my services, you have the option of granting me access to your account(s) with certain third-party social media and other services, such as Facebook, Instagram, Picasa, Flickr, Twitter, SmugMug, and others (each, an “SNS”). Provided an SNS permits this, I can capture and make available on the Site and through the Apps the photos and other content that you have stored in your account(s) with such SNSs (“SNS Content”). By granting me access to your SNS Content, you understand that I will access, make available and store (if applicable) your SNS content so that it is available on the Site and through my Apps. I am not responsible for any SNS Content stored on an SNS that you choose to make available on the Site and through my Apps. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Site and through my Apps. Please note that if an SNS account becomes unavailable or SNS terminates my access to your SNS account(s), any Content from that SNS may no longer be available on the Site and through my Apps. You have the ability to disable the connection between the Site and Apps and your SNS account(s), at any time, by accessing the “Settings” section of the Site and Apps. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
10. MATERIALS SUBMITTED BY CUSTOMER
Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
- You will retain ownership of such User Submitted Materials, and you grant me and my designee a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sub-license (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in my products or services. For example, when you place an order for a product, I will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share a photo book with your friends and family, I will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photographs.
- Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of my Site(s) and App(s) are not proprietary to you, and the rights to such template or layout will remain with me.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third-party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
- You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to me a copy of any such consents, releases and/or permissions upon my request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), I strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
- You agree that I may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
- User Submitted Materials that violate these Terms may be removed from my Site(s) and App(s); provided, however, that I have no obligation to remove User Submitted Materials in response to user reports or requests. I am not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from my Site(s) and App(s). I recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
11. COPYRIGHT ISSUES
While I am not obligated to review User Submitted Materials for copyright infringement, I am committed to protecting copyrights and expect users of my Site(s) and App(s) to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through my Site(s) and App(s) infringes your copyright, you (or your agent) may send me a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow me to locate the material on my Site(s) and App(s); (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send me a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding my Site(s) and App(s) should be sent to:
CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D, Inc.
1187 Center Street W.
Warren, OH 44481
I may permit you to share your User Submitted Materials with other users, including, without limitation, to my user comment functionality, online image share feature and my public gallery, user forums and blogs (collectively, “Forums”). Some Forum participants may use anonymous screen names and may have no other connection with me or any of my family of brands. A large volume of material is available in my Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that is inaccurate, misleading or deceptive, or provides content that may be objectionable to you. I neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of my Site(s) and App(s) or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of me or any of my family of brands. I am not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will I, my directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, or third-party users be liable for any loss or damage caused by your reliance on such information obtained through my Forums. I may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through my Site(s) and App(s).
13. DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, MY PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, I AND MY DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR MEANS OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF MINE OR ANY OF MY DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER I NOR ANY OF MY DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO MY PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO MY PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
15. POLICY FOR IDEA SUBMISSION
Many of my customers are interested in submitting ideas and suggestions for products and services to be used at my Site(s) and App(s), either independently of, or in conjunction with, my internally developed concepts. I appreciate my customers’ interest in improving my Site(s) and App(s); however, please note that any such ideas or suggestions that you submit will be owned by me, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to me. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to me without my prior written approval.
You can inquire regarding such approval by sending a letter to CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D, Inc., Attn: Idea Submission, 1187 Center St W, Warren, OH 44481. If I am interested in pursuing any idea or suggestion of yours, I will contact you. Please note that an additional legal agreement may be required by me in order to evaluate your idea or suggestion.
16. NOTICE FOR OHIO USERS
This notice is for my Ohio users: The Complaint Assistance Unit of the Division of Consumer Services of the Ohio Department of Consumer Affairs may be contacted by mail at 30 E. Broad St., 14th Floor Columbus, OH 43215, or by telephone at Local: 614-466-4986 or 800-282-0515.
17. INTELLECTUAL PROPERTY NOTICES
Portions of my Site(s) and App(s) are covered by the U.S. Patents and by other issued U.S. patents and pending U.S. patent applications. My Site(s) and App(s) are ©2010-2018 CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D, Inc. All rights reserved.
All trademarks and service marks on any of my Site(s) and App(s) not owned by me are the property of their respective owners. CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D owns the registered trademarks and logos. The trade names, trademarks and service marks owned by me, whether registered or unregistered, may not be used in connection with any product or service that is not mine, in any manner that is likely to Cause confusion. Nothing contained on any of my Site(s) and App(s) should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of my trade names, trademarks or service marks without my express prior written consent.
18. JURISDICTIONAL ISSUES
My Site(s) and App(s) are controlled and operated from the United States. My Site(s) and App(s) are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. I do not represent or warrant that any of my Site(s) and App(s), products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. I may limit the availability of my Site(s) and App(s), in whole or in part, to any person, geographic area or jurisdiction I choose, at any time and in my sole discretion.
These Terms are governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Trumbull, Ohio, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breech or default here-under will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have here-under operate as a waiver of any right or remedy. This is the entire agreement between me relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between me with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with my prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, Caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: firstname.lastname@example.org.
Either you or I may terminate your access to my Site(s) and App(s) and to your account at any time, with or without Cause, and with or without prior notice. Without limiting the foregoing, I may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use my Site(s) and App(s) will immediately cease. Upon termination, you will have no further access to, and I may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D may delete all information, files and materials related to your account, including any User Submitted Materials, and I will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that I will have no liability whatsoever to you or any other party as a result of a termination of your access my Site(s) and App(s) and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
21. ARBITRATION AGREEMENT
If you elect to seek arbitration or file a small claim court action, you must first send to CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D, by certified mail, a written Notice of your claim (“Notice”). The Notice to CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D must be addressed to: General Counsel, CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D, Inc., 1187 Center St W, Warren, OH 44481 (“Notice Address”). If CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D initiates arbitration, it will send a written Notice to the email address used for your account. A Notice, whether sent by you or by CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D receives notice at the Notice Address that you have commenced arbitration, CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than ME$10,000, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforce-ability of this arbitration agreement. Unless CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D and you agree otherwise, any arbitration hearings will take place in the county of your residence.
If your claim is for ME$10,000 or less, I agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ME$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D’S last written settlement offer made before an arbitrator was selected (or if CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D did not make a settlement offer before an arbitrator was selected), then CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D will pay you the amount of the award or ME$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CHELLE’S CREATIVE ARTISTIC DESIGNS; C.C.A.D agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or conjunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
22. AUTOMATIC RENEWAL
YOUR SUBSCRIPTIONS AND SUBSCRIPTION PAYMENTS TO ME WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION PERIOD, UNLESS YOU CANCEL YOUR SUBSCRIPTION BY CONTACTING CUSTOMER SERVICE AT email@example.com OR I TERMINATE IT BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD.