Terms of Service - Amelena Design

Terms of Service

Overview

This website is owned and operated by “Amelena”. The terms “we,” “us,” and “our” used throughout the site refer to Amelena. All the information, services, and tools offered to you, the user, on this website are subject to your acceptance of all the policies, conditions, notices, and terms mentioned on this website.

When you visit our website or buy something from us, you’re entering into our “Service” and agree to abide by the terms and conditions outlined here (“Terms of Service,” “Terms”), which include any additional terms, conditions, and policies mentioned here or accessible through links. These Terms of Service are applicable to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Before accessing or using our website, you must read the Terms of Service carefully. By using or accessing any part of this website, you agree to follow the Terms of Service. If you do not agree to any or all terms and conditions stated here, you may not use or access the services on this website. If these Terms of Service are seen as an offer, your acceptance is strictly based on these Terms of Service.

New tools or features added to our website are part of the Term of Service. The most recent version of the Terms of Service is available on this page, and you may review it at any time. However, please note that we have the right to change, update, or replace any part of these Terms of Service at any time by posting an update or change to our website. It is up to you to stay informed about the changes by checking this page periodically. Your usage of this website after any changes is your acceptance of the changes to our Terms of Service.

Section 1: Online Store Terms

By accepting these Terms of Service, you confirm that you are of legal age in your state or province of residence or that you have reached the legal age and have provided consent for any minors under your care to use this site. You agree not to use our products for any illegal or unauthorized purposes, and you must comply with the laws of your jurisdiction, including copyright laws while using the Service. You are prohibited from transmitting any worms, viruses, or other malicious code. Violating any of these terms will lead to the immediate termination of your services.

Section 2: General Conditions

We retain the authority to decline service to anyone at any time and for any reason. You acknowledge that your content (excluding credit card details) may be transmitted without encryption, potentially across multiple networks, and may undergo modifications to meet the technical specifications of these networks or devices. However, credit card information is always encrypted during transmission over networks.

You consent not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, its usage, or access to it, including any contact on the website facilitating the service, without our explicit written consent. The headings in this agreement are provided for convenience only and do not restrict or alter these Terms in any way.

Section 3: Accuracy, Completeness, and Timeliness of Information

We’re not liable if the information presented on this site isn’t accurate, complete, or up-to-date. The content here is meant for general informational purposes and shouldn’t be solely relied upon for decision-making without consulting more primary, accurate, complete, or timely sources of information. Your reliance on the content of this site is at your own risk.

This site might include some historical information, which, by nature, is not current and is provided solely for your reference. We retain the right to adjust the contents of this site whenever necessary, although we’re not obligated to update any information. You acknowledge that it’s your responsibility to keep track of any changes made to our site.

Section 4: Modifications to the Service and Prices

The prices of our products may change without prior notice. We reserve the right to alter or cease the Service, or any part of it, without advance notice. We are not responsible to you or any third party for any modifications, price adjustments, suspensions, or terminations of the Service.

Section 5: Products or Services (if applicable)

You may find some products or services exclusively on our website alone. These services or products may be available in limited quantities and are subject to our Return Policy. We’ve made every attempt to depict our products’ colors and images as accurately as feasible in the store. However, we cannot ensure that your computer monitor will accurately display every color.

We have the right, though not the obligation, to restrict the sale of our products or services to specific individuals, geographic regions, or jurisdictions. We may apply this restriction on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. Descriptions of products or pricing are subject to change at any time without prior notice, solely at our discretion. We retain the right to cease the availability of any product at any time. Any offers for products or services on this site are void where prohibited by law.

We cannot guarantee that the products, services, information, or other materials you purchase or obtain will meet your expectations, nor can we assure that any errors in the Service will be rectified.

Section 6: Accuracy of Billing and Account Information

It is our right to refuse any order placed on our website. It is also at our sole discretion to limit or cancel quantities purchased per person, per order, or per household. These restrictions apply to orders placed by or under the same customer account, the same credit card, and/or orders that have the same billing and/or shipping address.

In case we make changes to or cancel an order, we may inform you through your email and/or billing address/phone number that you have provided at the time of order. We also reserve the right to prohibit or limit orders that, in our sole judgment, appear to have been placed by resellers, dealers, or distributors.

You agree that you will provide us with complete, current, and accurate account and purchase information at the time of placing an order at our store. Furthermore, you agree to update your information immediately, which may include your email address, credit card numbers, and expiration dates, in order for us to complete your transactions and contact you if the need arises.For further details, please see our Returns Policy.

Section 7: Optional Tools

We may offer you access to third-party tools that we neither monitor nor control nor have any influence over.

You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement. We bear no liability whatsoever arising from or related to your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and discretion. You should make sure that you are familiar with and approve of the terms under which these tools are provided by the relevant third-party provider(s).

In the future, we may introduce new services and/or features through the website, such as the release of new tools and resources. These additions will also be governed by these Terms of Service.

Section 8: Third-Party Links

Some products, content, and services available through our Service may have third-party material. Links to third-party websites on this site may lead you to websites that are not associated with us. We are not responsible for reviewing or assessing the content or accuracy of these websites, and we do not guarantee or accept any liability or responsibility for any materials or websites provided by third parties nor for any other materials, products, or services offered by third parties.

We are not responsible for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted on third-party websites. Before engaging in any transaction, please carefully review the policies and practices of the third party and ensure that you understand them. Any complaints, claims, concerns, or questions regarding third-party products should be addressed directly to the third party.

Section 9: User Comments, Feedback, and Other Submissions

If you provide us with specific submissions at our request (such as contest entries) or if you voluntarily send creative ideas, suggestions, proposals, plans, or other materials to us, whether online, via email, by postal mail, or otherwise (collectively, “comments”), you agree that we may use, without restriction, edit, copy, publish, distribute, translate, and otherwise utilize in any medium any comments you forward to us. We are not obligated to (1) keep any comments confidential, (2) provide compensation for any comments, or (3) respond to any comments. While we have the option, we’re not obliged to monitor, edit, or remove content that, in our sole discretion, we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Furthermore, you agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene content, nor include any computer viruses or malware that could disrupt the operation of the Service or any associated website. You must not use a fake email address, pretend to be someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of any comments you make. We do not accept responsibility or assume liability for any comments posted by you or any third party.

Section 10: Personal Information

The personal information you submit to us through the store is subject to our Privacy Policy. For complete information, please review our Privacy Policy.

Section 11: Errors, Inaccuracies and Omissions

Sometimes, there might be information on our site or in the Service that includes typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We maintain the right to rectify any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any details in the Service or on any associated website are incorrect at any time without prior notice (even after you have placed your order).

We are under no obligation to update, revise, or clarify information in the Service or on any associated website, including pricing information, except as mandated by law. The presence of a specified update or refresh date in the Service or on any related website should not be interpreted as indicating that all information in the Service or on any related website has been altered or updated.

Section 12: Prohibited Uses

Along with other prohibitions as mentioned in the Terms of Service, you are also prohibited from using the content or site:

  • For any unlawful purpose
  • To violate federal, international, or state regulations, laws, rules, or local ordinances
  • To entice others to participate in or perform unlawful activities
  • To violate or infringe upon our intellectual property rights or intellectual property rights of others
  • To harm, abuse, defame, harass, insult, slander, intimidate, disparage, or discriminate based on religion, gender, sexual orientation, race, ethnicity, age, disability, or national origin
  • To submit misleading or false information
  • To transmit or upload viruses or other kind of malicious code that may be or will be used in such a way that affects the operation or functionality of the Service or of any related website, other websites, or the internet
  • To track or collect other’s personal information
  • To phish, spam, pharm, spider, pretext, scrape, or crawl
  • For any immoral or obscene purpose
  • To circumvent or interfere with the security features of the Service or website, or any related website or internet
  • We have the right to terminate your use of our Service or related website in case of violation of any of the prohibited uses.
Section 13: Disclaimer of Warranties; Limitation of Liability

We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Additionally, we do not guarantee that the results obtained from using the service will be accurate or reliable.

You agree that we may, from time to time, temporarily remove the service or cancel it indefinitely without informing you in advance. You explicitly acknowledge that your use of, or inability to use, the service is solely at your own risk. The service, along with all products and services delivered to you through the service, is provided “as is” and “as available” unless expressly stated otherwise by us. We do not make any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Amelena, our officers, employees, directors, agents, affiliates, interns, contractors, service providers, suppliers, or licensors be liable for any loss, injury, claim, or any direct, incidental, indirect, punitive, consequential, or special damages of any kind including without limitation post revenue, lost profits, loss of data, lost savings, replacement costs or other similar damages, whether based on contract, strict liability or otherwise, arising from your use of the Service or any products received using the Service, including but not limited to any omissions or errors in any content, or any damage or loss of any kind incurred as a result of the use of any content or Service transmitted, posted or otherwise made available via Service, even if advised of their possibility. In certain states or jurisdictions where exclusion or limitation of liability for consequential or incidental damages is not permitted by law, our liability will be limited to the maximum extent allowed by law in those states or jurisdictions.

Section 14: Indemnification

You agree to indemnify, defend, and hold Amelena, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising from your violation of these Terms of Service or the documents they reference, or your infringement of any law or the rights of a third party.

Section 15: Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by law, and the unenforceable part will be considered severed from these Terms of Service. This ruling will not impact the validity and enforceability of the remaining provisions.

Section 16: Termination

The obligations and liabilities of both parties that arose before the termination date will continue after the termination of this agreement for all intents and purposes. These Terms of Service remain in effect until terminated by either you or us. You can end these Terms of Service at any time by informing us that you no longer wish to use our Services or by discontinuing your use of our site.

If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or if we suspect that you have failed to comply, we may terminate this agreement at any time without prior notice. In such cases, you will still be responsible for all amounts owed up to and including the termination date. Additionally, we reserve the right to deny you access to our Services or any part thereof.

Section 17: Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not waive such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or relating to the Service, constitute the entire agreement between you and us governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any previous versions of the Terms of Service). Any uncertainties in interpreting these Terms of Service will not be construed against the party responsible for drafting them.

Section 18: Governing Law

Our Terms of Service and other separate agreements whereby we provide you Services will be construed and governed according to the laws of the United States of America.

Section 19: Changes to Terms of Service

You can review the latest version of the Terms of Service on this page at any time.
We have the right to change, update, or replace any part of these Terms of Service by posting changes or updates to our website. You are responsible for checking the website periodically for updates or changes. If you continue to use or access our Services or the website, even after the changes to the Terms of Service, it will be taken as your acceptance of the changes.

Section 20: Contact Information

You can send us your questions regarding the Terms of Service via the contact information given on the website.

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