TABLE OF CONTENTS
14. Written Document
1. User Eligibility
You agree that by using the inkledesigner123.com website, you agree to follow and be bound by these Terms and agree to comply with all applicable laws and regulations, including United States and Florida laws.
Use of the Site is limited to parties that can lawfully enter into and form contracts under applicable law. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us. You agree that by using the site and the services you are at least 18 years of age and you are legally able to enter into a contract.
By using the inkledesigner123.com website, you represent that you have all requisite right, power, and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. You acknowledge that you are entering into this Agreement voluntarily and without any duress or undue influence. You acknowledge that you have sought the advice of an attorney of your choice, if so desired, prior to entering into this Agreement.
We may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.
5. Ownership of Content
This Site is owned and operated by Greeneland Creative, LLC. The past, present, and future versions of the Site; all pages found within the Inkle Designer 1-2-3, the material and information on the Inkle Designer 1-2-3 Site, all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the Inkle Designer 1-2-3 Website (the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled, or licensed by or to Greeneland Creative, LLC, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and other proprietary rights and unfair competition laws. In using the Inkle Designer 1-2-3 Website or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notice contained on the Site. All rights not expressly granted are reserved.
The Inkle Designer 1-2-3Website and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, leased, loaned, resold, or otherwise distributed in any way, without Greeneland Creative’s express prior written authorization. You are granted permission to display on your computer, print, and download the Content on the Site solely for your own personal, non-commercial, and educational use. You are granted permission to print and download materials created for advertising, such as Brochures and Flyers, Inkle Designer 1-2-3 or Greeneland Creative, LLC-organized events (the “Events”) to share with others who may be interested in attending such Events. You must retain copyright and other notices on any copies of the Content you make. Unauthorized use of the Inkle Designer 1-2-3 Website or the Content contained on or available through the Inkle Designer 1-2-3 Site or any linked websites may violate applicable Intellectual Property laws or other laws.
6. Linking to the Inkle Designer 1-2-3 Website
We greatly appreciate your efforts in letting other people know about Inkle Designer 1-2-3. We are excited to spread the love of fiber arts to others who wish to learn more about them! You may link to the Inkle Designer 1-2-3 website by using a text link and linking to any of the public pages on the Inkle Designer 1-2-3 Site.
We only consent to links in which the link and the pages that are activated by the link do not:
Duplicate the website content;
Frame or create any other border around the website content or any pages on the site or use other techniques that alter in any way the visual presentation or appearance of any content within the Inkle Designer 1-2-3 website;
Misrepresent your relationship with Greeneland Creative LLC, Karen Greene, Chris Greene, or inkledesigner123.com or otherwise create a false affiliation, connection, or association with Us;
Imply that We approve or endorse you, your website, or your services or product offerings;
Present false or misleading impression about Karen Greene, Chris Greene, Greeneland Creative LLC, or inkledesigner123.com or otherwise damage the goodwill associated with Our name or trademarks;
Use Our trademarks in page text, metatags, and or hidden text for purpose of gaining higher rankings from search engines;
Utilize Our name, trademarks, service marks, colors, logos, or any other of Our brand features, or your relationship with Us for purposes of or in any manner which intentionally gives rise to advertising or publicity without Greeneland Creative’s prior written permission.
As a further condition to being permitted to link to the Inkle Designer 1-2-3 Website, you agree that We may, at any time, in Our sole discretion, terminate permission to link to the Inkle Designer 1-2-3 Website. In such event, you agree to immediately remove all links to the Inkle Designer 1-2-3 Website and to cease using any of Our trademarks. We reserve the right to disable any unauthorized links or names and disclaims any responsibility for the content available on any other website reached by links to or from the Inkle Designer 1-2-3 website.
7. Links to Third Party Websites
The Site may provide, or third parties may provide, links to other internet sites or resources. Because We have no control over such sites and resources, you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Karen Greene, Chris Greene, Greeneland Creative LLC, and inkledesigner123.com 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 use of or reliance on any such content, goods, or services available on or through any such site or resource.
8. Assignment, Survivorship, and Non-transferability
You agree that your account is non-transferable and any rights terminate upon your death.
9. Disclaimer of Warranties
THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KAREN GREENE, CHRIS GREENE, GREENELAND CREATIVE LLC, AND INKLEDESIGNER123.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KAREN GREENE, CHRIS GREENE, GREENELAND CREATIVE LLC, AND INKLEDESIGNER123.COM MAKE NO WARRANTY THAT:
THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, OR IN RELIANCE ON THE CONTENT OR MATERIALS WILL MEET YOUR EXPECTATIONS;
ANY ERRORS IN THE SITE OR ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACESSED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBILE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAREN GREENE, CHRIS GREENE, GREENLAND CREATIVE LLC, OR INKLEDESIGNER123.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD KAREN GREENE, CHRIS GREENE, GREENELAND CREATIVE LLC, INKLEDESIGNER123.COM, AND THEIR AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION, MEDIATION OR ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION, MEDIATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF KAREN GREENE, CHRIS GREENE, GREENELAND CREATIVE LLC, OR INKLEDESIGNER123.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF KAREN GREENE, CHRIS GREENE, GREENELAND CREATIVE LLC, OR INKLEDESIGNER123.COM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND / OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD KAREN GREENE, CHRIS GREENE, GREENELAND CREATIVE LLC, INKLEDESIGNER123.COM, AND THEIR AGENTS HARMLESS FROM ANY CLAIMS AND DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY ARISING FROM OR RELATING TO:
YOUR USE OF AND ACCESS TO THE SITE AND CONTENT;
CONTENT YOU SUBMIT, POST, TRANSMIT, OR OTHERWISE MAKE AVAILABLE VIA THE SITE;
YOUR VIOLATION OF THESE TERMS OR WEBSITE SPECIFIC TERMS AND CONDITIONS.
THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS.
12. Compliance with Law
You agree to use the Site in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of Greeneland Creative LLC, negatively reflect on the goodwill or reputation of Karen Greene, Chris Greene, Greeneland Creative LLC, or Inkle Designer 1-2-3 and shall take no actions which would cause Karen Greene, Chris Greene, Greeneland Creative, or inkledesigner123.com to be in violation of any laws, rulings, or regulations applicable to Us.
13. Governing Law, Disputes, and Jurisdiction
Any legal action or proceeding relating to your access to or use of the Site or its Content is governed by Florida Law.
In the event of any dispute between you and Karen Greene, Chris Greene, Greeneland Creative LLC, or inkledesigner123.com, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by Us in our sole discretion.
In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of Florida shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in those.
14. Written Document
15. Waiver and Severability of Terms
The failure of Karen Greene, Chris Greene, Greeneland Creative LLC, or inkle designer123.com to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Section headings are included in the Terms for convenience only. They are not to be considered a part of the Terms and are not intended to be a full and accurate description of the contents hereof.
17. Complete Agreement
Thank you for reading through these Terms and now, enjoy the Inkle Designer 1-2-3 website!
First published 3/31/2021.