Privacy and General Terms of Use - Jessica Abel
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Privacy and General Terms of Use

Updated and in force as of April 22, 2019

INTRODUCTION

This privacy notice and terms of Use provides you with details of how we collect and process your personal data through your use of our site jessicaabel.com (“Website”) and services and content provided by Autonomous Creative LLC directly via third party online platforms such as Slack or Facebook (collectively, “Service”).

By providing us with your data, you warrant to us that you are over 18 years of age.

By using the Service, you agree and intend to be legally bound by these Terms of Use, including any changes that may be posted on the Website from time to time. You should not use the Service if you have any objections to any of these Terms of Use.

Who we are

The Service is a website owned and operated by Autonomous Creative, LLC as well as services and content offered directly and via third party online platforms. As used in these Terms of Use, “we”, “us” and “our” means and refers to Autonomous Creative, LLC. Autonomous Creative, LLC is the data controller and we are responsible for your personal data.

In these Terms of Use, “include” (and terms such as “includes” and “including”) shall not be construed as a term of limitation but shall be construed as if followed by the words “without limitation.”

Contact Details

Our full details are:

Full name of legal entity: Autonomous Creative, LLC

Email address: contact @ jessicaabel.com

Postal address: 329 S. 13th St. Philadelphia PA 19107

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at contact @ jessicaabel.com

WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT

Personal data means any information capable of identifying an individual. It does not include anonymized data.

We may process the following categories of personal data about you:

  1. Communication Data that includes any communication that you send to us whether that be through the contact form on our Website, through email, text, social media messaging, social media posting, or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue, or defend legal claims.
  2. Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details, and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
  3. User Data that includes data about how you use our Service together with any data that you post for publication on our Website or through interaction with the Service via other online platforms.
  4. We process this data to operate our Service and ensure relevant content is provided to you, to ensure the security of our Service, to maintain backups of our Website and/or databases, and to enable publication and administration of our Service, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our Service and our business.
  5. Technical Data that includes data about your use of our Service such as your IP address, your login data, details about your browser, length of visit to pages on our Website, page views and navigation paths, details about the number of times you use our Service, time zone settings and other technology on the devices you use to access our Service. The source of this data is from analytics tracking systems.
  6. We process this data to analyze your use of our Service, to administer and protect our business and Service, to deliver relevant content and advertisements to you, and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our Service and our business, to grow our business, and to decide our marketing strategy.
  7. Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws, and free giveaways, to deliver relevant content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business, and to decide our marketing strategy.
  8. We may use Customer Data, User Data, Technical Data, and Marketing Data to deliver relevant content and advertisements to you (including Facebook advertisements or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
  9. Sensitive Data We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses.

MARKETING COMMUNICATIONS

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.

Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing us at contact @ jessicaabel.com at any time.

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.

HOW WE SHARE AND USE YOUR INFORMATION

To serve personalized recommendations to you. The Service may utilize information that does not personally identify you in order to personalize the Service for our users.

  • California Privacy Rights. We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party.

To offer joint services

The Service may provide services jointly with other companies. We may share your information to facilitate that service. However, we will identify the partner and present the joint service provider’s privacy policy to you before you use that service.

To work with our service providers

The Service may share your information with service providers who are working with us in connection with the operation of the Service, Website, or business. These service providers may have access to your private and public personally identifying information only to perform services on our behalf and will be obligated not to disclose it or use it for any other purposes.

To manage the Service

The Service uses information we collect (including the information you provide, such as personally identifiable information, information provided publicly and passively collected anonymous information) to provide the services and features of the Website to you and to administer the Service. This includes to analyze, measure, improve, market, promote and customize the Service, as well as to prevent potentially illegal activities, detect and address anomalous activity and screen content to prevent abuse, and to enforce our Terms of Use (using a variety of technological systems). We may also use this information to promote the Service and for our business development. Under no circumstance will your personally identifying information be disclosed by the Website for any of these purposes.

To contact you

We may contact you with service-related announcements, marketing communications, promotions and other information. We may include personally identifiable information and content you see on the Website in the communications we send to you.

To respond to legal requests and prevent harm

We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Use. This may include sharing information with other companies, lawyers, courts or other government entities.

Transfer in the event of sale or change of control

If the ownership of all or substantially all of our business or the Service changes, we transfer your information to the new owner so that the business can continue to operate. In such a case, your information would remain subject to this privacy policy or a privacy policy that, at a minimum, protects your privacy to an equal degree as this policy.

Review of and rights to content

We have the right (but not the obligation) to edit, delete, publish or not publish anything shared in a public area, including any review or comment you post. The content of any posting, other than third party images and links (for which you are responsible, including for obtaining rights to post), becomes our property for any use we may determine, without any notice or compensation to the author. While we may screen content to prevent abuse and to enforce our Terms of Use, we have no obligation to do so or to edit, delete, publish or not publish anything posted by you or others, unless and until we have actual knowledge of an abuse or violation of our Terms of Use.

Other requirements

We may use information about you for any other purpose that we determine in our reasonable discretion is necessary or appropriate in connection with the operation of the Website, including maintaining, termination or transferring accounts, enabling or restricting access to accounts or ensuring compliance with our policies or applicable legal requirements. We share your information with third parties when we believe the sharing is permitted by you or is reasonably necessary in connection with the operation of the Website or when legally required to do so.

INTERNATIONAL TRANSFERS

The Service is established in the United States of America (USA), and the majority of our data is processed in the USA. By using the Service, you consent to having your personal data transferred to and processed and stored in the United States.

If you are a User accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the the Service which are governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.

Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is in place:

  • We will only transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
  • Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or
  • If we use USA-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
  • If we use USA-based providers who have themselves voluntarily put in place GDPR-compliant policies, we may transfer data to them, as they have equivalent safeguards in place.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

DATA SECURITY

We allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

Steps we take to keep your information secure

We utilize third party security infrastructure (website/application hosting, database management, cloud servers) that is consistent with commercially reasonable practices. We provide security solely by providing you with access to and use of the Service through a combination of usernames and passwords. We also may use automated and social measures to enhance security, such as analyzing account behavior for fraudulent or otherwise anomalous behavior, may limit use of site features in response to possible signs of abuse, may remove inappropriate content or links to illegal content, and may suspend or disable accounts for violations of our Terms of Use. But you should keep in mind that no Internet transmission is ever completely secure or error-free.

Risks inherent in sharing information

Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Website, including personally identifiable information, will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on the Website. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

DATA RETENTION

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

In some circumstances we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

INFORMATION YOU PROVIDE ABOUT YOURSELF

  1. Private information. When you subscribe to email updates from the Website, create an account with our online Services, or purchase goods or services from Autonomous Creative LLC, you may provide us, at a minimum, with your first and last names, and an email address and a password. This is information that can be uniquely identified with you or provide access to your account. We will keep this information private, except as provided in these Terms of Use.
  1. Public information. When you interact with the Service, you may also provide us with additional personally identifiable information that will be available to the public (meaning other users of the Service) and appear as part of your account profile or as the author of any content that you post. This information may include, for example, your username (if it includes your name or other information that could be used to identify you), age, gender, location or other demographic information, such as occupation.
    It is your responsibility to decide whether this public information personally identifies you or not and to only include information that you are comfortable making public. By providing this type of personally identifiable information, you acknowledge that you have chosen to make it public at your sole discretion and that it will be available publicly to users of the Website and others that make use of the Website.

Information you share in public areas

The Website includes a platform for sharing content you provide (such as blog comments). Some Services we provide via third-party online platforms include methods for sharing content you provide, such as comments or images. Any information, other than the “private information” above, that you choose to share on the Website will be available publicly, both to users of the Website and others. Any information, other than the “private information” above, that you choose to share on the Services will be available to other users of those Services. You should be careful about what you share.

Information about others

The Service is a public forum and the rules of public courtesy and etiquette apply. You may not disclose any private or personal information about another person, such as a peer in your community, without prior consent.

Metadata

If you do not want us to store metadata associated with content you share on the Website, you must remove the metadata before uploading the content.

YOUR LEGAL RIGHTS

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

How you can change or remove information

  1. Editing and deactivating your profile. You may change or remove your profile information at any time in accordance with the instructions on the Service. If you want to stop using your account you may deactivate it or delete it. We do NOT delete information that is not personally identifying. By using the Service, you agree that we may keep this information permanently.
  1. Limitations on removal. Even after you remove information from your profile or delete your account, copies of that information may remain viewable on the Service and elsewhere to the extent that it has been shared publicly or with others. Content that you have posted may not be able to be removed. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. If you have given third party applications or websites access to your information, they may retain your information to the extent permitted under their terms of service or privacy policies. We may retain backup copies of removed and deleted information and may use such information for the purposes described in and in accordance with these privacy terms of use.

If you wish to exercise any of the rights set out above, please email us at contact @ jessicaabel.com

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are an EEA citizen, and are not happy with any aspect of how we collect and use your data, you have the right to complain to the supervisory authority in your country. We would be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

THIRD-PARTY LINKS

These privacy terms of use do not apply to websites linked to/from or using the Service or to entities or applications that we do not own or control. We are not affiliated with and do not endorse the content, items, or services of those websites or third-parties. When you click links on the Service, you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements. We have no responsibility or liability for the availability of such external websites, or for the privacy, use, storage or transfer of your information or the content, advertising, products, or other materials shared by you or available through such websites.

COOKIES

We use web tokens (and may use “cookies”) (small pieces of code or data we transmit to or store for an extended period of time on your browser, computer, mobile phone, or other device) to make the Website easier to use, to make our advertising better, and to protect both you and the Service. You can remove or block web tokens and cookies using the settings in your browser.

If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

GENERAL

Our limitations of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM THE USE OF THE SERVICE, ANY INFORMATION OR CONTENT POSTED OR MADE AVAILABLE THROUGH THE SERVICE (OR ANY ACCESS TO OR DISCLOSURE THEREOF) OR ANY OTHER MATTER RELATING TO THE SERVICE.

YOU HEREBY WAIVE AND RELEASE ALL RIGHTS RELATING TO THE FOREGOING.

THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Your indemnification obligations

You agree to indemnify and hold harmless us, our affiliates, and our respective owners and representatives from and against any and all Damages, resulting from or in any way connected with your use of the Service, your violation of these Terms of Use, content you post or transmit to or through the Service (including Damages of any person or entity arising out of information you provide to the Service), or any of your other acts or omissions.

Your account

  1. You must create an account in order to access or use certain features of the Service. To do so, you must create an account by following the instructions on the Service.
  2. You must keep your account information accurate and up-to-date.
  3. You may not create more than one account or create an account for anyone other than yourself other than a care recipient for whom you are legally authorized to do so. You may not transfer your account. You may not solicit login information or access an account belonging to someone else.
  4. If we disable or terminate your account, you may not create another one without our permission.
  5. You may not use your account for commercial gain. You may not send or otherwise post unauthorized commercial communications (such as spam) on the Service. You may not offer any contest, giveaway, or sweepstakes on the Service.
  6. You may not use the Service if you are under the age of 18. If you are under 18, please do not attempt to create an account or provide any personal or other information about yourself to us.
  7. If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains that it does not closely relate to a user’s actual name).
  8. You may not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your account and the privacy of your account information. You are also solely responsible for all activity on your account, including all purchases made or content provided through your account (with or without your knowledge or consent).
  9. Personal information that you submit to us is governed by our privacy Terms of Use.

It is critical that you keep you account access information private and not share it with anyone. If you lose your access credentials, or feel like they have been stolen or made public, please change them immediately.

Content you provide

  1. All content and information you post on the Service must be honest and accurate. You may not send or post any untrue review, content, or information. You represent and warrant that all reviews, content, and information you post on the Service is and will be true and correct in all respects.
  2. You represent and warrant that you have and will have the right to post all content and information posted by you (such as third party images, artwork or links) without violation of anyone else’s rights, including their rights of privacy and intellectual property rights. We have the right (but not the obligation) to edit, delete, publish or not publish anything posted by you. You, and not the Service, are liable for content or information you post on or link to the Service.
  3. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service provided by you are non-confidential and shall become the sole property of ours. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  4. You may not access the Service or collect users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers).
  5. You may not upload viruses or other malicious code.
  6. You may not do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack.
  7. You may, directly or through third parties, link content on or to the Service only for the express purposes of the Service, as determined by us at our sole discretion.

User etiquette

  1. You may not bully, intimidate, or harass any other Service user.
  2. You may not post content that is hateful, sexist, threatening, or pornographic, or incites violence, or contains nudity or graphic or gratuitous violence or profanity.
  3. You may not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
  4. You may not facilitate or encourage any violations of this Terms of Use.
  5. You may not post content or take any action on the Service that infringes or violates someone else’s rights or otherwise violates the law, including the rights of any healthcare provider. We can remove any content or information you post on the Service if we believe, at our discretion, that it violates this Terms of Use or the law. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we may provide you with an opportunity to appeal. If you repeatedly infringe other people’s intellectual property rights, we may disable your account when appropriate.

Termination by us

If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, or take any action or omission that we reasonably deem inappropriate in our sole discretion, we can suspend your access to or use of the Service or terminate your account. We may use any means we determine to identify violations of this Terms of Use.

Modifications to Terms of Use

We may make changes to these Terms of Use from time to time in our sole discretion and may post any such changes on the Website. Each time changes are made, notice of these changes may be posted on the home page. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.

Modification or suspension of the Service

You agree that we may, in our sole discretion, and at any time, modify, discontinue, or suspend its operation of the Service, or any part of the Service, temporarily or permanently, without notice to you, and you agree that we will not be liable for any consequences of doing so.

Contact information

If you have any questions or concerns with respect to these Terms of Use or the Service you may contact a representative of ours at contact @ jessicaabel.com

Electronic communications

When you communicate with us via email or through the Service, you are communicating with us electronically. You agree that we may communicate electronically and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Compliance with laws

You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of the Service, including intellectual property laws and privacy laws.

Protection of the Service intellectual property rights

You acknowledge that content available through the Service, including content in the form of text, graphics, software, music, sound, photographs, and videos, is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws.

Except as otherwise noted, all content posted on the Website, and content posted by Autonomous Creative, LLC, in proprietary areas of other third-party online platforms is:

Copyright © 2019 Autonomous Creative, LLC

All Rights Reserved

You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content available through the Website or other locations of the Service.

You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from the Service in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior our written permission.

You may not frame any trademark, logo, or other proprietary information on the Service, without our express, prior written consent, and you may not remove or obscure the copyright notice or other notices displayed on the content.

Nothing contained in these Terms of Use or on the Service shall be construed as conferring any license or right, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted in these Terms of Use are reserved.

Trademarks/service marks

The trademarks, logos, service marks, names and tag lines, displayed on the Service (collectively the “Marks”) identify the Service’s products and services, and inform the public that we are the source of those products and services. Nothing contained on the Service should be construed as granting any right or license to use any Mark displayed on the Service. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

  • To identify materials or services that are not Autonomous Creative, LLC, materials or services;
  • In, as, or part of your own trademarks or services marks;
  • In an manner likely to cause confusion;
  • In a manner that implies inaccurately that the Service or we sponsor, endorse or are otherwise connected with you, your products, services or other activities; or
  • In a manner that disparages the Service, us or dilutes the Marks.

You are also advised that we may enforce our intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use any Marks without our prior written permission.

Disclaimer of warranties with respect to use of the Service

THE WEBSITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

WE DO NOT MAKE ANY WARRANTY THAT THE WEBSITE MAY MEET YOUR REQUIREMENTS.

WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY CONTENT POSTED ON OR INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU MAY BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Severability of Terms

If any provision of these Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in these Terms of Use shall continue in full force and effect.

Applicable Law

These Terms of Use and the resolution of any dispute related to these Terms of Use or the Service(including our privacy terms of use) shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law.

Arbitration

THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS YOU MAY HAVE AGAINST US OR THAT RELATE IN ANY WAY TO OR ARISE OUT OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE SHALL BE FINAL AND BINDING ARBITRATION.

Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, or you have otherwise violated these Terms of Use, then you and we acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Either you or we may demand that any dispute between you and us about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, PA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE OR OUR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

In the event that the required arbitration provisions above are not enforced for any reason, any legal action or proceeding between us and you related to these Terms of Use or the Service (including our privacy policy) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Philadelphia, PA and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.

About children

The Service is not intended for children under the age of 18, and as provided in the Terms of Use, you must be at least 18 to use the Service. If you are under age 18, please do not attempt to register for the Service or provide any information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please contact us at contact @ jessicaabel.com

Answer these 10 quick questions
to uncover the real reasons why you’re not able
to take control of your creative work.

Start Here