Please review these Terms of Use very carefully. By accessing our Website, you agree to these and express that you have been given reasonable access to review these Terms before your continued use of our Website. This Agreement is binding as of the date you access our Website.
Thank you for visiting The Canvas Club’s website (“Website”). We hope you find what you are looking for and enjoy our website content, which has been thoughtfully crafted for users like you.
These Terms of Use (“Terms,” or “Agreement”) that You, the Website user, are entering with The Canvas Club ("Company," "we," "us," “our”) govern how you may access and use our Website. The Company and You will collectively be referred to as “Parties,” and each individually as a “Party.”
We reserve the right to update and revise these Terms at any time without your notice. The date that these Terms were last updated is noted on the top of this Agreement. Your continued use of the Website after we have updated these Terms indicates your acceptance and agreement to the changes.
As our Company evolves, our Website and its contents will change with it. We reserve the right to delete, withdraw, or edit this Website (and any service or material we provide on the Website) however we see fit, at any time and without notice. We are not liable to you if the Website or any part of it is unavailable. For example, this may happen when our Website is undergoing an “under construction” phase where we need to make edits, changes, or amendments. Thank you for understanding.
We respect your privacy and are committed to protecting it. We may use the information we collect from you to operate our Company and/or our Website. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your use of our Website and how we use your Data. By continuing to use our Website, you express that you agree with how we collect and use your Data as set out in these Terms and our Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures. In that case, you must treat such information as confidential and not disclose it to any other person or entity.
We enjoy sharing and creating valuable content on our Website for all our users to engage with and enjoy. However, in making this content publicly available, we still hold ALL of the Intellectual Property Rights to the work. Meaning all intellectual property rights, including but not limited to trademarks, copyrighted material, trade secrets, and other proprietary information, are owned by the Company and its designees. The Company has the sole exclusive right to reproduce, share and create derivative works from this intellectual property.
To aid in keeping our Website safer and more secure for all its users, we have curated a list of prohibited uses of our Website. Please abide by these restrictions when navigating, browsing, or using our Website in any way. According to these Terms, our Website should only be accessed and used for lawful purposes.
From time to time, our Website may contain features that enable you to submit or post content and material to the Website and/or submit directly to the Company. We prioritize the safety and environment of our Website and require that all your submissions comply with this Agreement.
You understand and agree that you are solely responsible and liable for any submissions you make. The Company will not be held liable in any way for your submissions or posts.
We value all user submissions, but we cannot review all submissions, posts, and materials before they are posted to the Website. Therefore, we cannot be held liable for failing to remove objectionable submissions or posts from the Website. However, the Company may remove user submissions and content for any reason and at its sole discretion without notice to you. Further, the Company may terminate user access to the website for any reason without notice.
We care about providing a safe, inclusive space through our Website for users to gather online, share ideas, and consume helpful content.
We do not warrant the accuracy, completeness, or usefulness of the information you find on our Website. Any reliance you place on such information is at your own risk.
From time to time, we will link to external websites and sources that are outside of our Company for your convenience only. These links may include but are not limited to, advertisements, affiliate links, 3rd party website links, and sponsored links. In doing so, we recognize that we have no control over the contents of these sites, nor do we have any access to making changes or amendments to them.
You understand and agree that the Company does not guarantee specific results, including financial or other business gains for you personally or for your business. The information included on the Website is provided for informational purposes only, and you are responsible for implementing any business practices or suggested actions found on the Website.
The Company is providing this Website and all content accessible through it on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to, warranties of title; merchantability; fitness for a particular use; or any rights or licenses in this Agreement. We cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code. The Company makes no warranty as to the accuracy and reliability of information set forth on the Website and its content. To the fullest permissible extent, the Company disclaims liability for any damages you sustain as a result of use or access of the Company’s Website, content, and any linked 3rd party Websites or content.
This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
The Company is in no way liable to You or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to this Agreement or Your use of this Website, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. If found to be applicable by a court of competent jurisdiction or by law, the Company’s total liability arising out of or related to this Agreement and your use of the Website will be limited to the total amount paid to the Company preceding the event giving rise to the claim.
You agree to defend, indemnify, and hold harmless the Company and its designees in all cases arising from your use of our Website, web content, services, or any information contained therein.
In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Ocean County, New Jersey. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in arbitration costs and expenses and related proceedings.
This Agreement and the Parties’ relationship are governed by the laws of the State of New Jersey. In the event of conflicting laws, the laws of Ocean County, New Jersey will control.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in this Agreement will only be considered waived if done so in writing by an authorized representative of the Company.
You may not transfer or assign any of your rights under this Agreement to any third party without the Company's express written consent.
We may notify you by: (i) sending a message to the email address provided by you or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending, and notices posted to the Website will be effective upon posting.
All requests and other communications relating to the Website should be directed to: support@designerbffsarah.com
The headings in these Terms are included for convenience and reference and are not meant to describe, define, or limit the scope or intent of any provision.
In concluding this Agreement, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.
Thank you for reading the Terms of Use in its entirety. We hope you were able to gain clarity on how to use and browse our Website effectively.