TERMS OF SITE USAGE
WHAT WE DO
The Site is a resource through which you may obtain services such as graphic design, products such as books, printables, and blogging information.
OWNERSHIP OF THIS SITE AND ITS CONTENT
The Site owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others); (b) all things otherwise provided to you as a part of the Site’s services, and; (c) any other intellectual property rights afforded to the Site, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).
Except as stated within, the Site does not grant you any rights to any Intellectual Property that may be available to you generally through the Site. You agree not to make unauthorized use of or otherwise infringe upon the Site’s Intellectual Property in any way and understand that it is your responsibility to ensure you refrain from doing so.
THIRD-PARTY GENERATED CONTENT
The Site contains content generated from third-parties including, but not limited to, comments and we do not guarantee the accuracy, integrity, or quality of third-party generated content. The Site does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Site spokespersons.
Links on the Site may be affiliate links controlled by parties other than the Site to help support the maintenance of the Site. The Site does not assume responsibility for or endorse any contents, products, services, or use of any of these affiliate Site and makes no guarantees as to the quality or content of the same.
You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release the Site from any loss or damage incurred from dealing with such affiliate.
Stock photography may be used on the Site – all images are being used under license through the company providing the stock images. For additional information regarding permission, please contact the Site.
INTELLECTUAL PROPERTY LICENSE
The Site owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others); (b) any Products and portions therefore; (c) all things otherwise provided to you as a part of the Site’s services, and; (d) any other intellectual property rights afforded to the Site, either through state or federal registration or as otherwise available at common law (“Intellectual Property”). Except as stated below, the Site does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.
You agree not to make unauthorized use of or otherwise infringe upon the Site’s Intellectual Property in anyway and understand that it is your responsibility to ensure you refrain from doing so. The Site will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
Force Majeure Provision
Neither party shall be liable for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond such Party’s control, including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, work stoppage, power or other mechanical failure, governmental action, or communication disruption. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after or during the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement, as applicable, as soon as reasonably practicable.
Intellectual Property License
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;
(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does it grant you intellectual property ownership in, or provide a general right to modification of, the Products.
Violation so this License will result in immediate denial of access to all purchases and all monies paid will be forfeited without refund.
All purchases will be made available to the Purchaser through a unique access account on the Site. Sharing of any account logins or providing access to un-authorized individuals will result in suspension of account, revocation of access and all monies will be forfeited with no refunds available. This includes, but is not limited to, employees or contractors.
Videos hosted within the account shall not be downloaded, screen-recorded or otherwise captured in any format. Videos are only to be access by your unique log-in account to the Site.
Subscription products are delivered via email on a monthly calendar basis from the initial subscription purchase. Products are delivered to the purchase email address provided and are downloadable in nature.
You acknowledge that all Products and materials are non-refundable and not returnable under any circumstances. Any and all product/service questions should be submitted to the Site prior to purchase. The Site is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and the Site will not reimburse you for such downloads.
You must immediately and securely back-up all purchases. The Site will, at your request, apply a one-time only $100 re-download fee if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by the Site.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, the Site, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, the Site, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF the Site. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
GOVERNING LAW, JURISDICTION AND VENUE
The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
The terms “Ohana Media and Design, OMD,” “we,” “us,” and “our” refer to Ohana Media & Design.
The term “including” means “including, but not limited to.”
The term “Site” refers to any website, application or service owned by Ohana Media & Design on which these Terms are posted.
If you have any questions about this Site or these Terms of Site, please contact us using the following information via email at email@example.com