Welcome to our website, operated by [Diane Pascual – The Gypsy Goddess LLC] (“we” or “us” or “our”). These terms and conditions (“Terms”) govern your use of our website located at [www.thegypsygoddess.com] (the “Site”). By accessing and using our Site, you agree to these Terms. If you do not agree with these Terms, please do not use our Site.
- Use of Our Site
You may use our Site for lawful purposes only. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation;
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion.
- Intellectual Property
All intellectual property rights in the designs and patterns displayed on our Site, including but not limited to copyrights, trademarks, trade dress, designs, and patents (collectively, “Intellectual Property”) are owned by us or our licensors. You acknowledge and agree that you do not acquire any ownership or other rights in any Intellectual Property by using our Site.
You may not reproduce, distribute, modify, display, prepare derivative works based on, repost, transmit, or otherwise use any Intellectual Property, except as expressly permitted by us.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We offer design courses on our Site. By purchasing a course, you agree to the terms and conditions set forth in the applicable course description, including but not limited to the course start date, length, materials, and fees. You also agree to comply with any additional policies and procedures set forth in the course materials.
We offer licenses to companies who wish to use our designs and patterns in their products. Any licenses granted by us are subject to the terms and conditions set forth in a separate license agreement. Please contact us to obtain a license agreement.
- Disclaimer of Warranties
Our Site and all information, content, materials, products, and services included on or otherwise made available to you through our Site are provided on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of our Site or the information, content, materials, products, or services included on or otherwise made available to you through our Site, unless otherwise specified in writing. You expressly agree that your use of our Site is at your sole risk.
- Limitation of Liability
In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our Site or any information, content, materials, products, or services obtained through our Site, whether based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of damages. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so some of the above limitations may not apply to you.
In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for accessing our Site.
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of our Site, your violation of these Terms, or your violation of any third-party rights.
- Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to your use of our Site shall be governed by and construed in accordance with the laws of the [state/province/country] without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or your use of our Site shall be instituted exclusively in the federal or state courts located in [city and state], and you hereby consent to the personal jurisdiction of such courts.
- Changes to Terms
We reserve the right to modify these Terms at any time. Your continued use of our Site following any such changes constitutes your acceptance of the new Terms.
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.