Terms & Conditions | SARAH FOWLER DESIGNS

Website Terms and Conditions

Welcome to ____________________________________________ ("the Website"). The Website is

provided by ____________________________________________ ("we", "us", or "our"). By accessing

or using the Website, you agree to be bound by these Terms and Conditions ("Terms"), including our

Your access to and use of the Website is conditioned upon your acceptance of and compliance with these

Terms. These Terms apply to all visitors, users, and others who wish to access or use the Website.

1) Use License

a) Grant of License: We grant you a revocable, non-exclusive, non-transferable, limited license to

access and use the Website strictly in accordance with these Terms.

b) Restrictions: You agree not to:

i) Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create

derivative works from, transfer, or sell any information, software, products, or services

obtained from the Website.

ii) Use the Website for any commercial purpose, or for any public display (commercial or

non-commercial).

iii) Attempt to decompile or reverse engineer any software contained on the Website.

iv) Remove any copyright or other proprietary notations from the materials on the Website.

v) Transfer the materials to another person or "mirror" the materials on any other server.

vi) Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or

which, as determined by us, may harm us or users of the Website or expose them to liability.

Use of the Website in violation of these restrictions constitutes a breach of these Terms and may result

in termination or suspension of your use and further legal action.

2) User Contributions

The Website may allow you to post, submit, publish, display, or transmit to other users or other

persons content or materials ("User Contributions") on or through the Website.

By providing any User Contributions on the Website, you represent and warrant that:

a) You own or control all rights in and to the User Contributions and have the right to grant the

license granted below to us and our affiliates and service providers.

b) All of your User Contributions do and will comply with these Terms.

You grant to us, our affiliates, and service providers, and each of their and our respective licensees,

successors, and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to

Website Terms and Conditions

use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such

material for any purpose.

You understand and acknowledge that you are responsible for any User Contributions you submit or

contribute, and you, not the Website, have full responsibility for such content, including its legality,

reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User

Contributions posted by you or any other user of the Website.

3) Privacy Policy

a) Your privacy is important to us. It is our policy to respect your privacy regarding any information

we may collect from you across the Website, and other sites we own and operate.

b) We only ask for personal information when we truly need it to provide a service to you. We

collect it by fair and lawful means, with your knowledge and consent. We also let you know why

we’re collecting it and how it will be used.

c) We only retain collected information for as long as necessary to provide you with your requested

service. What data we store, we’ll protect within commercially acceptable means to prevent loss

and theft, as well as unauthorized access, disclosure, copying, use, or modification.

d) We don’t share any personally identifying information publicly or with third-parties, except when

required to by law.

e) Our Website may link to external sites that are not operated by us. Please be aware that we have

no control over the content and practices of these sites, and cannot accept responsibility or

liability for their respective privacy policies.

f) You are free to refuse our request for your personal information, with the understanding that we

may be unable to provide you with some of your desired services.

g) Your continued use of our Website will be regarded as acceptance of our practices around privacy

and personal information. If you have any questions about how we handle user data and personal

information, feel free to contact us.

4) Disclaimer of Warranties

The Website and its content are provided on an 'as is' and 'as available' basis. We make no warranties,

expressed or implied, and hereby disclaims and negates all other warranties including, without

limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or

non-infringement of intellectual property or other violation of rights.

Website Terms and Conditions

Further, we do not warrant or make any representations concerning the accuracy, likely results, or

reliability of the use of the materials on its Website or otherwise relating to such materials or on any

sites linked to this site.

5) Limitation of Liability

In no event shall we or its suppliers be liable for any damages (including, without limitation, damages

for loss of data or profit, or due to business interruption) arising out of the use or inability to use the

materials on the Website, even if we or a we authorized representative has been notified orally or in

writing of the possibility of such damage. Because some jurisdictions do not allow limitations on

implied warranties, or limitations of liability for consequential or incidental damages, these

limitations may not apply to you.

6) Intellectual Property Rights

The content on the Website, including but not limited to the text, graphics, images, logos, and

software, is owned by we or its licensors and is protected by the jurisdiction of the province of

_________________________________ and international copyright and intellectual property laws.

We reserve all rights not expressly granted in these Terms.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the

Website for your personal, non-commercial use in accordance with these Terms. This license does not

include any right to:

a) Sell, copy, or redistribute any content from the Website;

b) Use any data mining, robots, or similar data gathering and extraction tools on the Website;

c) Modify, translate, or create derivative works based on the content of the Website.

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may

violate copyright, trademark, and other laws.

7) Termination

We may terminate or suspend your access to the Website immediately, without prior notice or

liability, under our sole discretion, for any reason whatsoever and without limitation, including but

not limited to a breach of these Terms. Upon termination, your right to use the Website will cease

immediately.

If you wish to terminate your account, you may simply discontinue using the Website. All provisions

of the Terms which by their nature should survive termination shall survive termination, including,

without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Website Terms and Conditions

8) Links to Other Websites

Our Website may contain links to third-party web sites or services that are not owned or controlled by

us. We have no control over, and assume no responsibility for, the content, privacy policies, or

practices of any third-party web sites or services. You further acknowledge and agree that we shall not

be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused

by or in connection with the use of or reliance on any such content, goods, or services available on or

through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web

sites or services that you visit.

9) Amendments to the Terms

We reserve the right, at its sole discretion, to modify or replace these Terms at any time. If a revision

is material, we will try to provide at least ___________ days' notice before any new terms take effect.

What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after those revisions become effective, you agree to be

bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use

the Website.

10) Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining

provisions of these Terms will remain in effect. The invalid or unenforceable provision will be

replaced with a valid, enforceable provision that most closely matches the intent of the original

provision.

11) Entire Agreement

These Terms constitute the entire agreement between you and we regarding our Website, and

supersede and replace any prior agreements we might have had between us regarding the Website.

This agreement outlines all the rights and obligations of both parties concerning the use of the

Website.

12) Waiver

No waiver under these Terms shall be effective unless made in writing and signed by our authorized

representative. Our failure to exercise or enforce any right or provision of these Terms will not

operate as a waiver of such right or provision. Any waiver of any provision of these Terms will not be

Website Terms and Conditions

considered a waiver of any other provision or of our right to require strict observance of each of the

terms herein.

13) User Feedback, Comments, and Suggestions

We welcome any comments, feedback, and suggestions you may have to improve our Website. By

submitting feedback, you agree that we are free to use any ideas, concepts, know-how, or techniques

that you provide us for any purpose without any compensation to you, and without any obligation of

confidentiality. We ask that feedback be provided in a constructive manner and reserve the right to

remove any feedback that could be considered inappropriate or offensive.

14) Export Control

The use of the Website and the transfer, posting, and uploading of software, technology, and other

technical data via the Website may be subject to the export and import laws of the country of

_________________________________ and other countries. You agree to comply with all applicable

export and import laws and regulations. In particular, you represent that you are not named on any

government list of persons or entities prohibited from receiving exports, and you shall not access, use,

export, or re-export any material or information on the Website in violation of such laws and

regulations.

15) Dispute Resolution

Any disputes arising out of or related to these Terms or the use of the Website shall be resolved

through binding arbitration, under the rules of an agreed-upon arbitration body, in the location of

_________________________________. Both parties agree to participate in good faith. This

arbitration agreement will be governed by the law of the province of

____________________________________________. Any arbitration must be commenced by filing

a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows

or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be

no right to any remedy for any claim not asserted within that time period.

16) Age Restriction

The Website is not intended for individuals under the age of ___________. By using the Website, you

represent that you are at least ___________ years old or the age of majority in your jurisdiction,

whichever is greater. We do not knowingly collect personal information from children under

___________. If we become aware that a child under ___________ has provided us with personal

information, we take steps to remove such information and terminate the child's account.

Website Terms and Conditions

17) Suggestions

We are always looking for ways to improve our Website. If you have suggestions or ideas about how

we can improve, please send them to us. While we cannot guarantee a response to every suggestion,

we promise to review each one carefully. By sending us suggestions, you agree that we may use and

share them without any obligation to compensate you.

18) Force Majeure

Neither party shall be liable for any failure to perform its obligations under these Terms if the failure

results from a force majeure event that is beyond the reasonable control of such party, including but

not limited to acts of God, natural disasters, wars, civil disturbances, pandemics, government actions,

or disruptions in telecommunications, transportation, utilities or other vital services. Both parties will

endeavor to notify the other of any such force majeure event and to resume performance as soon as

possible.

19) Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior

written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be

null and void. we may assign or transfer these Terms, at its sole discretion, without restriction. Subject

to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and

permitted assigns.

20) Digital Millennium Copyright Act (DMCA) Notice and Procedure

We respect the intellectual property rights of others and expect users of the Website to do the same.

We comply with the provisions of the Digital Millennium Copyright Act (DMCA) and will respond to

valid copyright infringement notices. If you believe that your work has been copied in a way that

constitutes copyright infringement, please provide us with the following information:

a) A physical or electronic signature of the copyright owner or a person authorized to act on their

behalf;

b) A description of the copyrighted work that you claim has been infringed;

c) A description of where the material that you claim is infringing is located on the Website;

d) Your contact information, including your address, telephone number, and an email address;

e) A statement by you that you have 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;

f) A statement that the information in the notification is accurate, and, under penalty of perjury, that

you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Website Terms and Conditions

All DMCA notices should be sent to our designated agent as specified in our DMCA Policy.

21) Changes to Services

We reserve the right to modify or discontinue, temporarily or permanently, the Website or any service

to which it connects, with or without notice and without liability to you. We are constantly updating

our offerings on the Website, and the products or services available on our Website may be mispriced,

described inaccurately, or unavailable, and we may experience delays in updating information on the

Website and in our advertising on other websites.

22) Subscription Services and Payments

a) Subscription Services

If you choose to subscribe to any of our paid services, you agree to pay the subscription fees and

any other charges incurred in connection with your account. Subscription fees will be billed at the

beginning of your subscription and any renewal.

b) Automatic Renewal

Unless you notify us before the end of the applicable subscription period that you want to cancel a

subscription, your subscription will automatically renew, and you authorize us to collect the

then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or

other payment mechanism we have on record for you.

c) Refund Policy

Services provided by us are subject to our refund policy. Please review our policy, which provides

detailed information about options and procedures for returning and refunding products or

services purchased or subscribed to through our Website.

23) User Conduct and Responsibilities

By using the Website, you agree not to:

a) Use the Website in any manner that could disable, overburden, damage, or impair the site or

interfere with any other party's use of the Website, including their ability to engage in real-time

activities through the Website.

b) Use any robot, spider, or other automatic devices, process, or means to access the Website for any

purpose, including monitoring or copying any of the material on the Website.

c) Use any manual process to monitor or copy any of the material on the Website, or for any other

unauthorized purpose without our prior written consent.

d) Use any device, software, or routine that interferes with the proper working of the Website.

Website Terms and Conditions

e) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or

technologically harmful.

f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the

Website, the server on which the Website is stored, or any server, computer, or database

connected to the Website.

g) Otherwise attempt to interfere with the proper working of the Website.

24)Indemnification

You agree to indemnify, defend, and hold harmless us, its affiliates, officers, directors, employees,

agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable

attorneys' fees, resulting from any violation of these Terms, your use of the Website, or the failure to

fulfill any obligations relating to your account incurred by you or any other person using your

account. We reserve the right to take over the exclusive defense of any claim for which we are entitled

to indemnification under this section. In such an event, you shall provide us with such cooperation as

is reasonably requested by us.

25) Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision

is material, we will provide at least ___________ days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access

or use our Website after any revisions become effective, you agree to be bound by the revised terms.

If you do not agree to the new terms, you are no longer authorized to use the Website.

26) Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction of

province of _________________________________, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those

rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining

provisions of these Terms will remain in effect. These Terms constitute the entire agreement between

us regarding our Website, and supersede and replace any prior agreements we might have had

between us regarding the Website.

27) Contact Us

If you have any questions about these Terms, please contact us:

a) Email: _______________________________________________________

b) Phone Number: ________________________________________________

Website Terms and Conditions

c) Mailing Address: ________________________________________________________________

By providing a variety of contact methods, we aim to ensure that you can reach us in the way that's

most convenient for you.