Terms of Service.

Welcome to the Emily Banks Creative website. This Website and its Content is owned by Emily Banks Creative (“we”, “us”, or “our”). The term “you” refers to the viewer or user of www.emilybankscreative.com (the “Website” or “Site”).

Please read these Terms of Service carefully before using the Website. By accessing the Website in any way, including but not limited to, visiting, browsing, or contributing in any manner, you accept and agree to abide and be bound by our Terms of Service and Privacy Policy, whether or not you have read them.

We reserve the right to change, modify, add or remove any part any part of these terms at any time. All changes are effective immediately when we post them. You are expected to check these terms of service regularly to ensure you are aware of any changes. We will try to highlight any significant or substantive changes to these terms to you where possible.

 

Website Access and Consent.

We host the Website on a reputable platform and take reasonable effort to maintain the Site. However, we reserve the right to withdraw or amend the Website, or any of the services or materials provided on the Site at our sole discretion without notice. We are not liable to you or any third party if for any reason part or all of the Website is unavailable at any time, for any period of time.

By accessing or using the Website, you represent and warrant that you are at least the age of majority in your country, state or province of residence, and you consent to the Terms of Service. Any use of the Website by persons under the age of majority in their country, state or province of residence is in violation of the Terms of Service.

 

Intellectual Property.

This Site and its 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) are owned by us, our partners, or the properly attributed party, and are protected by Australian copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you believe that any of the Site or its contents violate your copyright, please email emily@emilybankscreative.com.

These Terms of Service permit you to use the Website for your personal, non-commercial use, limited only to you. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. You may not in any way at any time use, copy, adapt, imply or represent that our Website or its contents is yours or created by you.

However, we encourage you to share our content. If you would like to do so, you are permitted to share, on your own website or social media, no more than 1 paragraph and 1 image. You are required to credit us by name and provide a link back to the original page on the Website. This content and link may not state or imply that we are have sponsored, endorsed or have ownership rights in your website or company.

Any use beyond this is not authorized without our prior written consent. If you would like to obtain consent, please email emily@emilybankscreative.com.

 

User Contributions.

This Website allows users to make contributions and submissions, including but not limited to, comments, photos, images, videos or any other submission for use made by you to our site (“User Contributions”). You represent and warrant that copyright for any User Contribution is owned by you.

You understand and acknowledge that you are responsible for your User Contributions, and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You agree not to make any User Contributions that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate. 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.

By contributing or submitting content to our site you grant us a non-exclusive, perpetual, sub-licensable, royalty-free, worldwide license. We need this license so that we can perform the services you registered for. This license allows us to store and show your content to other users. This license does not allow us to sell your content.

If you believe that any User Contribution on our Website violates your copyright, please email emily@emilybankscreative.com.

 

E-commerce.

We offer products/services for sale on this site using third party software, including but not limited to, Teachery, Acuity Scheduling, and Dubsado. Your privacy and security is important to us. To avoid learning your credit card information, we’ve partnered with Paypal and Stripe to securely process payment. As such, we never learn or store your credit card information. Both providers share your name, address, and email with us.

You release us, our partners, our payment processing companies, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

 

Errors and Omissions.

We make every effort to provide you with the most accurate, up to date information on our Website, or in information referenced or linked from the site. However, the nature of online business and an evolving industry means that information is constantly changing. Because of that, we cannot make any representations or warranties about the accuracy of our content. We assume no liability for errors or omissions made on our Website or in any of its contents, including User Submissions.

 

Links to other sites.

Our Website may contain links to third party sites that we have no control over. Some of these links are affiliate links. This means we will make a small commission if you purchase from the linked third party site. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party sites or services. It is your responsibility to read the terms and conditions and privacy policy of any third-party site that you visit.

 

Your information.

All information we collect on our Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Termination.

We reserve the right to:

  1. Remove or refuse to publish any User Submission found to be in breach of our User Contribution Terms of Service.

  2. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  3. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  5. Terminate your access to the Site, in full or in part, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.

All provisions of this Terms of Service apply to you, now and in the future, even after termination by you or us.

 

Limitation of Liability.

In no event will our collective liability, and our employees, partners, affiliates, agents, contractors, vendors, licensors, service providers or otherwise, to any party, (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to us for the applicable content, product or service.

 

Indemnification.

You agree to defend, indemnify and hold us, and our employees, partners, affiliates, agents, contractors, vendors, licensors, service providers or otherwise 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 or your use of the site.

 

Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the state of New South Wales, Australia, without giving effect to any principles of conflicts of law.

 

Changes.

These terms were last updated on 22/04/2018. If you have any questions regarding these terms of service, please contact us at emily@emilybankscreative.com.