Updated: November 1, 2017
1. BINDING EFFECT. These Terms & Conditions (“Agreement”) constitute a contractual agreement between you and Maggie Stilwell, dba Maggie Stilwell Design (“maggiestilwell.design”, “Maggie Stilwell Design”, “we”, “us”, “our”) regarding your use of maggiestilwelldesign.com (Site). You agree to these terms by affirmatively clicking the “I Agree” checkbox when registering with the Site.
3. AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site and the accounts for any such person shall be terminated upon discovery.
4. LICENSE TO USE. When you create an account with maggiestilwell.design, we grant you a limited, terminable, non-exclusive right to access and use the Site and the services we offer. We reserve the right to terminate this license at any time without cause and in our sole discretion.
5. PREMIUM (PAID) SUPPORT MEMBERSHIP. A premium support membership with maggiestilwell.design consists of a recurring monthly fee of $ recurring monthly USD or $ recurring yearly. We accept payment through PayPal.com or Stripe.com. You are responsible for opening, maintaining and paying all fees associated with your PayPal.com or Stripe.com account. Once you obtain a membership with us, you shall remain a member until such time as you cancel the payments via the PayPal.com or Stripe.com site using the cancel feature in your maggiestilwelldesign.com account area.
6. PREMIUM (PAID) MEMBERSHIP SERVICES. When you register for a premium membership with us, you receive the following services (Collectively “Services”) on an ongoing basis until you cancel your membership or your account is terminated:
- Access to Our Maggie Stilwell Design Forums
If your account is terminated, by you or us, each of these Services will be terminated.
7. TERM AND TERMINATION. This Agreement shall remain in full force and effect for so long as you remain a fully paid, registered member with the Site. You may cancel your membership at any time for any reason. We also reserve the right to terminate your account for violating the terms of this Agreement, your engagement in illegal activities, upon request of law enforcement authorities, or for non-payment of membership fees. We may, in our sole discretion, provide you with a reason for termination, but shall not be required to do so. Termination of your membership will include denial of access to your account, deletion of your content, and being banned from registering for a new account with us.
8. BLOCKING VISITORS. We reserve the right to, in our sole discretion, block any party from visiting the Site.
9. PROHIBITED USES OF SITE MEMBERSHIP WEBSITE. As part of your membership, you may upload text, images, videos, music, graphics and other content to the website so long as you do so in full compliance with the Terms of Service of the maggiestilwelldesign.com. In doing so, you are solely responsible for the content you upload and the actions you take through the website. You agree not to use the website provided by us to:
1. Display or communicate content that is unlawful, illegal, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, hateful, or racially objectionable;
2. Display or communicate pornography in any form;
3. Display or communicate content harmful to minors;
4. Attempt to impersonate another person or entity;
5. Display or communicate any information you’ve previously agreed is confidential;
6. Use the website for the purpose of communicating email spam, chain letters, pyramid or other financial schemes, or illegal sweepstakes and contests;
7. Upload, post, email, transmit or otherwise communicate software viruses designed to invade digital devices, limit or terminate the functionality of a computer device, interfere with the normal use of a computer device or otherwise violate laws prohibiting such conduct.
8. Display, transmit or use the website in any other way that disrupts, limits or damages our Site, or any other computers or servers of any third party.
10. USER CONTENT. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of our business, and our affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
11. USER CONTENT DISCRETION. We reserve the right to refuse to show or delete any and all User Content on the Site or your membership provided website in our sole discretion without being required to provide notice of such action or the reason for such action to you.
12. CODE OF CONDUCT. Users of maggiestilwell.design are required to comport themselves responsibly on the Site when posting to our Question and Answer system. We reserve the right to terminate any member account without cause at any time for any conduct we determine, in our sole discretion, damages our reputation, the usability of the Site or the user experience of other members. Examples include:
- You may not post materials that infringe on the intellectual property rights of others.
- You may not list telephone numbers.
- You may not harass other members or our staff.
- You may not provide sexual commentary on the site.
- You may not solicit the username or password of another member.
- You may not publish or communicate chain letters.
- You may not promote criminal activity of any sort.
- You may not upload malware or other invasive software to the site.
- You may not promote contests without our consent.
- You may not solicit funds from other parties on the site.
- You may not solicit donations from other parties on the site.
- You may not post URLs to another site.
- You may not offer or seek employment positions or tenders of a sexual nature.
- You may not share your account with others.
- You may not post discriminatory, threatening, harassing, sexually explicit, obscene, defamatory, slanderous, abusive, hateful, or libelous content or comments in any form.
- You may not post false or misleading information.
- You may not impersonate another person.
- You may not post advertisements.
- You may not promote pyramid schemes.
- You may not promote MLM programs.
- You may not post business opportunities.
- Franchise opportunities are prohibited.
We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Site, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any alleged illegal action by users of the Site.
13. BACKGROUND CHECKS. We do NOT conduct background checks of members. The presence of a member on our forum is not indicative of any type of vetting process by us. You agree to conduct your own due diligence when interacting with other members of the Site, particularly if you are considering meeting the person offline or considering a financial transaction of any sort with the member.
14. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using our Services, you agree to respect the intellectual property rights of others. Your use of the Site and Services available with your membership is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. All Digital Millennium Copyright Act matters are processed pursuant to our DMCA Policy, which you may read here …
15. CONFIDENTIALITY AND PASSWORDS. When you open an account to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately if you discover any unauthorized use of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
16. ALLEGED VIOLATIONS. To ensure that we provide a high-quality experience for you and for other users of the Site and our Services, you agree that we or any of our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or Services. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to suspend or terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of these Terms, furnished us with false or misleading information, or interfered with use of the Site by others.
17 NO WARRANTIES. MAGGIE STILWELL DESIGN HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AND SERVICES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
18. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US IN AN AMOUNT IN EXCESS OF THE TOTAL FEES YOU HAVE PAID FOR YOUR MEMBERSHIP WITH US. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANOTHER OTHER LEGAL THEORY OR FORM OF LEGAL ACTION
19. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. AFFILIATED SITES. We have no control over, and no liability for any third party websites or materials appearing on the Site. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site and Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, this Agreement shall govern your use of any and all third party content.
21. PROHIBITED USES. maggiestilwell.design imposes certain restrictions on your permissible use of the Site and Services. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any user, host, or network, including, without limitation, by means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or Services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by US in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
22. NO ENDORSEMENTS. The mere appearance of any individual or company on the Site is not indicative of any endorsement by us of said individual or company. As a matter of company policy, we do not endorse any other parties.
23. INDEMNITY. You agree to indemnify, defend, and hold harmless maggiestilwell.design, our affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or Services, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
24. COPYRIGHT. All contents of Site are Copyright © 2016 – Maggie Stilwell Design. All rights reserved.
25. EMAIL COMMUNICATION. When you contact us or register for a membership on the Site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
26. ARBITRATION. All disputes arising out of or relating to this Agreement shall be finally settled by arbitration conducted in Spokane, Washington, under the rules of commercial arbitration of the American Arbitration Association (the “Rules”). Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses, all of which each party shall bear separately). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, if a party breaches its obligations under this paragraph, the non-breaching party may seek injunctive or other equitable relief in federal or state court in the jurisdiction of Spokane, Washington. The parties agree to be bound by this arbitration clause upon the formation of this contract.
27. GOVERNING LAW. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Washington, without reference to their rules regarding conflicts of law. Should the arbitration provision in this Agreement be nullified for any reason, you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Spokane, Washington in all disputes arising out of or related to the use of the Site or Services.
28. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
29. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, Services marks, or logos owned by Maggie Stilwell Design or by any third party.
30. MODIFICATIONS AND UPDATES. From time-to-time, we may modify and update this Agreement in light of changes to our business practices or developing legal requirements. You agree that we have the right to modify and update this agreement as we see fit and we reserve the right to do so. In modifying this Agreement, we shall:
Provide you notice by email of said change 15 days prior to the change going into force.
Clearly publish on the member login page the fact a modification will be made with a link to a page detailing the changes, the date the changes will go into effect and contact information so you may discuss the proposed changes with us.
You may choose to reject the proposed modifications by canceling your membership with us. The act of logging into your membership account following the expiration of the modification notice period shall constitute your affirmative acceptance of the modification to this Agreement.
Have questions regarding this Agreement?
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