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Revision Date: September 22, 2022.
For more information or if you have any questions about these terms of use, please contact us- customerservice@susudesigns.com
Acceptance of Terms of Use
These terms of use are entered into by and between You and SuSuDesigns.com company (” Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use” or “Agreement”), govern your access to and use of www.susudesigns.com including any content, functionality, and services offered on or through the Site, whether as a guest or a subscribed user. Please read the Terms of Use carefully before you start to use the Site. By accessing, browsing, subscribing to, and using the Site and associated content (collectively, the “Services”), you acknowledge that you have read and understood and accept and agree to be bound by this Agreement.
You further agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these terms, you must not access or use the Site or any of the Services. The material provided through our Site and Services is protected by law, including but not limited to United States copyright law and international treaties. We control and operate the Site and the Services from our offices in the United States. The materials on our Site and provided in the Services may not be appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you choose to access the Site and Services from other locations, you do so on your own initiative and you are responsible for compliance with all applicable local laws.
2. Changes to Terms of Use
From time to time and in our sole discretion, we may modify this Agreement and post those modifications to the Site. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes as they are binding on you. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
3. Accessing the Sites, Registration, Accounts, and Password
We reserve the right to withdraw or amend the Site, Services, Products and/or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or part of the Site are unavailable. From time to time, we may restrict access to the entire or some parts of the Site and/or to users, including subscribed users.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
If you choose to subscribe to the Site, you may be required to create a username and password and provide additional information as a part of our security procedures. You must treat this information as confidential and shall not disclose this information to any other person or entity.
You are solely responsible for maintaining the confidentiality of your password and account and for all use of your password or account, whether authorized by you or not. You agree that all information you provide to these Site, including but not limited to information you provide through the use of the Site interactive features, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If, in our opinion, you have violated any provision of these Terms of Use, we may disable your username, password, or other identifier.
4. Payment and Sales
If you have chosen to subscribe or donate to the Site or purchase any digital products, garment products, art, apparel, music, jewelry, including informational courses (the “Digital Content”), you acknowledge and agree that the payment information you have provided is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (e.g., a change in your billing address or credit card expiration date).
All sales of Digital Content are final, and no refunds will be issued.
5. Use Restrictions and Intellectual Property
We (along with our licensors or other content providers, if applicable) own the Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Company Content”). Such material is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Company Content obtained from or through Company.
The Sites and Services contain proprietary and copyright-protected information. Any unauthorized use of any Company Content contained on the Sites, or the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part. You will not upload, post, or otherwise make available on the Site or via the Services any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right.
You will indemnify Company and its officers, directors, employees, and agents for any claims by third parties of infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission of material by you. You shall not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any of the Company Content without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without our express written consent.
You must not modify copies of any materials from this Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Site. You may use the Site only as permitted by law. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes. Our name, the terms SusuDesigns.com and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on these Sites are the trademarks of their respective owners. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
6. Disclaimer of warranties
THE INFORMATION, INCLUDING THE DIGITAL CONTENT, PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES, ENTERTAINMENT PURPOSES AND SALES PURPOSES ONLY. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE PROVIDE ALL INFORMATION ON AN “AS IS” BASIS ONLY. WE MAKE NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICES IS SOLELY AT YOUR RISK.
WE MAKE NO WARRANTY THAT (i) THE SITE OR ANY INFORMATION PROVIDED ON THE SITE, INCLUDING DIGITAL CONTENT SOLD ON THE SITE, WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR DIGITAL CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, DIGITAL CONTENT, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
WE ARE NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE SITE. WE DO NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY DIGITAL CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH DIGITAL CONTENT OR MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OUR SITE, OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content that we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
YOU ALSO AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND COMPANY’S REASONABLE CONTROL.IN NO EVENT SHALL WE BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
8. User Contributions and Content
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site. User Contributions are non-confidential and non-proprietary. By providing User Contributions to the Site, you grant us, and our respective successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that you own or control all rights in and to the User Contributions and that all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for your User Contributions and that you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You further acknowledge, if you choose to post User Contributions, that such contributions do not: Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.· Be likely to deceive any person.· Promote any illegal activity, or advocate, promote, or assist any unlawful act.· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.·
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. We have the right, but not the obligation, to monitor the User Contributions. We further have the right to: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contributions we deem necessary or appropriate, including appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (iii) terminate or suspend your access to all or part of the Site.
9. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
Additionally, you agree not to:
10. Termination
We, in our sole and absolute discretion, with or without notice to you, may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including but not limited to: (i) any unauthorized access or use of the Services, (ii) any violation of this Agreement, or (iii) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services. You may terminate your account for any reason by emailing Company. Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Site. Termination, suspension, or cancellation of the Services or your access rights to the Site shall not affect any right or relief to which Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Company.
11. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including but not limited to your User Contributions, any use of the Site’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
12. Governing Law and Dispute Resolution
This Agreement and performance hereunder shall be exclusively governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall exclusively take place in Phoenix, Arizona and the parties irrevocably waive any objection to such venue.
13. Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
14. Notices
Except as explicitly stated otherwise, any notices shall be given by email address Contact. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
15. Digital Millennium Copyright Act (“DMCA”) Notice.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to the address below. It is the policy of the Company to terminate the user accounts of repeat infringers. In the event materials are made available to these Sites by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.
If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains: i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; iv.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; v. 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 vi. 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. All DMCA notices should be sent to our designated agent as follows: Contact. It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
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