Welcome to michellesgiftstudio.com (the “Site”), a website operated by Michelle’s Gift Studio (“Company,” “us,” “our,” and “we”). By accessing and using MichellesGiftStudio.com (the Site), you agree to each of the terms and conditions set forth below (”Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content, or transactions.
If you are a visitor to the Site and do not agree to comply with these Terms of Use please immediately leave this Site.
By downloading my digital files (free or paid), you agree to these Terms of Use and our License & Copyright terms.
Copyright
The Company reserves complete title and full intellectual property rights in all Content. The Site, its’ Contents, and Products are protected by the United States and international copyright laws and belong to Michelle’s Gift Studio. The copyrights in the Content are owned by Michelle’s Gift Studio.
By using this Site, you acknowledge and agree:
- That no right, title or interest in any Content is transferred to you, whether downloading free or paid Content, or otherwise. All copyrights remain with Michelle’s Gift Studio at all times.
- Not to copy, reproduce, republish, upload, display, distribute the files, post, or transmit (including by e-mail, facsimile, or other electronic means) any Content.
- You may not modify, repackage, reformat files, or copy, trace, or recreate designs by Michelle’s Gift Studio to share, distribute, resell or claim as your own in any way.
By downloading my digital files (free or paid), you agree to these Terms and Conditions.
Creatables: All “Creatables” digital files include a Personal Use License and Limited Commercial License. For information on our Licenses for Commercial use, please see our License & Copyright information.
Unauthorized Use:
Any parties using Site Content or Product files for commercial use without purchasing Commercial Licenses are doing so without permission and are violating copyright laws. If any listing is found, be it an eBay, Etsy, or website product listing, containing artwork by Michelle’s Gift Studio without proper source credit or proof of license purchase, the listing(s) will be reported to eBay, Etsy or the website host as a violation of copyright and will be taken down and subject to the appropriate penalties. If the listing is on a personal blog or website, you may receive a friendly email or message from Michelle’s Gift Studio to confirm proof of purchase for the designs used in your products, or to make sure you’re crediting and usage is correct. Parties who refuse to respond or place correct credits will be notified that they must cease sales or use of products. Failure to provide proof of purchase and a proper license(s) voids any agreements and revokes the license(s). Parties who continue to sell products that use designs by Michelle’s Gift Studio without the appropriate commercial license or proof of purchase will be considered in copyright violation, and legal action may be taken depending on the severity of the violation.
User Content:
User Content. “User Content” means any and all information and content that a user submits to or posts on (a) the Site and (b) on social networking sites where we have a page or presence. You will retain all ownership rights to your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our social networking sites and on the Site. You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Site. We reserve the right to remove any User Content from the Site at our discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
- You will abide by our Acceptable Use Policy below; and
- You affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Site.
License. You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Content in the Site. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. Your permission to use the Sites is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Site;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with our Site;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Feedback. If you provide us any feedback, comments, or suggestions regarding the Sites or purchased items (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and nonproprietary. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Website Integrity
You may access, browse, and make use of this Site, provided you do not:
- Download or modify it, or any portion of it, except with express written consent of Michelle’s Gift Studio.
- Reproduce, duplicate, copy, sell, resell, visit, derive another work from, or otherwise exploit for any commercial purpose any Content obtained from the Site, except as expressly authorized by these Terms of Service and my License & Copyright Agreements.
- Files may not be stored in online albums, cloud storage, or sites with public access.
- Collect and use product listings, descriptions, or prices; download or copy account information for the benefit of another merchant; or any use data mining, robots, or similar data gathering and extraction tools.
- Create, promote, or signify anything illegal or obscene in nature, pornographic, racist, or hate related.
Return Policy
Due to the digital nature of our products, there is no way to “return” a downloaded file, so there will be no refunds. By purchasing products from this Site, you accept this policy.
Please read and understand each product’s descriptions carefully before purchasing. Each product has detailed descriptions of formats, how many individual items are included in sets, and detailed image view(s) of all designs.
We do our best to provide accurate information about each product and expect the buyer to read this information before making a purchase.
We are not responsible for failed software, software updates, personal computer issues, etc. that may cause your files not to work correctly.
Discounts or Sales
Michelle’s Gift Studio reserves the right to change prices and make discounts on specific products at any time without prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
Privacy Policy
We may collect personal information when you use our Website. Our collection and use of personal information is governed by our Privacy Policy. By accessing and browsing this Website, you acknowledge and accept the terms of our Privacy Policy.
Changes to Website and Content
We may edit or change the Site or edit, change or delete any Content from the Site at any time.
Amendments
Michelle’s Gift Studio reserves the right to modify this Agreement at my discretion without prior notice. You are responsible for reviewing the Site regularly to obtain timely notice of any such amendments. Your use of the Site or downloaded Content following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
Limitation of Liability
The Site, the Content, and any Materials and Services provided by us are provided on an “as is” and “as available” basis. We make no representations or warranties as to the availability, operation, or security of the Site or that the Content, Materials, or Service are free of defects or will meet your requirements.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall Michelle’s Gift Studio be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information and products obtained through this web site, or otherwise arising out of the use of this web site.
No Waiver
Our failure or delay in the exercise of any right or remedy we may have under these Website Terms of Use will not be construed or operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
Governing Law
These Site Terms of Use shall be governed by and must be interpreted in accordance with, the laws of California. You agree to submit to the non-exclusive jurisdiction of the courts of California.
Any dispute relating to any activity on Michelle’s Gift Studio or the purchase of any Michelle’s Gift Studio products shall be submitted to confidential arbitration in California unless you have in some way threatened or violated Michelle’s Gift Studio’s intellectual property rights, whereby Michelle’s Gift Studio may seek an injunctive.