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Privacy Policy

 

Live Edge Graphic Design  (the “Company”) is committed to maintaining privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.  

 

For purposes of this Agreement, “Site” refers to the Company’s website, which can be accessed at www.livedgedesign.com and is hosted by Wix.com. “Service” refers to the Company’s services accessed via the Site, in which users can view the website and fill out a request form for an inquiry about Live Edge Graphic Design services. The terms “we,” “us,” and “our” refer to the Company.

“You” refers to you, as a user of our Site or our Service. By accessing our Site or our Service, you accept our Privacy Policy and Terms of Use, and you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Policy.

 

I. INFORMATION WE COLLECT

 

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your name, email, the company services your are interested in, as well as any information you provide in regards to your design project request which you submit to us through the project request or the contact form on the Site.

 

1.   Information collected via Technology

To activate the Service you do not need to submit any Personal Information. To use the contact form or the project request form you only need to provide your email, name, and project information one time. To use the Service thereafter, you do not need to submit further Personal Information. However, in an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. For example, the Company may use cookies to collect the following information:

 Our host, Wix, uses cookies for important reasons, such as:

   - To provide a great experience for visitors and customers.

   - To monitor and analyze the performance, operation and effectiveness of Wix's platform.

   - To ensure our platform is secure and safe to use. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.  The types of Cookies that we use and how long they remain on your computer are listed in the chart above. 

 

The following links explain how to access cookie settings from various browsers: 

 

Cookie Settings for FireFox

Cookie Settings for Internet Explorer

Cookie Settings for Google Chrome

Cookie Settings for Safari OS X

Cookie Settings for Safari iOS

Cookie Settings for Android

 

For more information on what cookies are please visit All About Cookies.

For more information on the privacy policy of our host, Wix, please visit Wix Privacy.

 

2.   Information you provide us by completing a form for contacting us

 

In addition to the information provided automatically by your browser when you visit the Site, to contact us you will need to fill out a form. You complete this form by entering your name, email address, and information regarding your design project specifications. By completing these contact forms, you are authorizing us to collect, store and use your name, email address, the services you are are interested in and project information that is provided in accordance with this Privacy Policy.

 

3. Children’s Privacy

 

The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13, or allow anyone under the age of 13 to sign up for the Service. In the event that we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at this email: sarah@livedgedesign.com.

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3. Information that you provide:
When you make a purchase, attempt to make a purchase, create an account or personal profile by registering with the service and or create a user name and password on our website, the information provided by you such as your name, address, e-mail and telephone number, kind of product purchased, kind of service provided, and payment history [all payments are done through squareup.com(Square, Inc.) and their partners, PayPal, Apple Pay and other payment services] is collected and stored in order to process your purchase, including processing your payment information, arranging for shipping and providing you with invoices and or order confirmations and basically fulfilling your order. It also enables you not to have to start over every time when you purchase something. Your e-mail and phone number are collected and stored so that we may contact you if needed to complete the order. If you have provided us with name, address, phone, and or an e-mail address, we will do our utmost to store it carefully and securely. By registering, you are authorizing us to collect, store and use your name, address, phone or e-mail address in accordance with this privacy policy.
Live Edge Graphic Design does not store your credit card numbers, bank account numbers or debit card numbers. Square, Inc. and their partners, PayPal, Apple Pay and other payment services handle all of that. We do not hold any sensitive data such as credit card payment information. Please do not e-mail or message sensitive personal information to us. Again, all purchase transactions will be done through squareup.com(Square, Inc.) and their partners, PayPal, Apple Pay and other payment services.  Please refer to squareup.com and their privacy policy (below under “Third Parties” are links to their privacy policy) for more information. 
We will not use your personal information to send you promotional content by e-mail or similar forms of communication. Phone or e-mail contact will only be used to process an order or service or communicate to you regarding important information regarding our products or services and to request a review. No marketing e-mails will be sent from Live Edge Graphic Design other than review requests and therefore all e-mails will be of business content and are in accordance with CAN-SPAM Act. No phone soliciting will be done by this online store. Order information may and can be used to screen orders for potential fraud. Again, you may opt out of receiving e-mails from us at any time by e-mailing us at sarah@livedgedesign.com.


HOW WE USE AND SHARE INFORMATION

1.Personal Information:
Below is a list of how your data is used, deeming it necessary for the following, so as long as fundamental rights and freedoms aren’t infringed: the performance of contract between the two parties, the compliance with legal obligation, the protection of the parties involved vital interests, the protection of public interest, to exercise official authority, and the purpose of legitimate interests.

Create and administer your account
Process your order 

Place order from third party manufacturers (PayPal, Bay Photo, Finerworks)
Process your payment
Send you order confirmation
Ship your order
Communicate with the user
Use and improve the process and usage of the services you have ordered
Provide customer support
General announcements
Provide services 
Display content from external platforms 
Improve security
Improve quality control 
Help prevent misuse, fraud and potential threats to our networks, our services including investigating violation of our Terms of Service, Privacy Policy, or other service conditions or restrictions
Protect the safety of any person 
Enable third-party service providers information needed for 
website maintenance, upgrades, or analytics data review or compilation
Protect network integrity 

 



2. Third Parties

A third party refers to a separate individual or organization who is not directly controlled by either the seller (first party-us) nor the buyer (the second party-you) in a business transaction. The third party is usually a company that provides an additional service or product not provided by the first party. Examples of some of the third parties we use are Webbly.com, Squareup.com and PayPal.
In general, we do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. We may share your Personal Information with vendors and other third-party providers who are performing services for the Company. In general, the vendors and third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Company. For example, when you provide us with personal information to complete a transaction, attempt to make a purchase, create an account, create user name or password, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting and using such personal information for that specific purpose, including by transmitting such information to our vendors (and their service providers) performing these services for the Company.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that we are required to provide to them in order to use their services. For these third-party service providers, we recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers. Please note that our shipping partners will also collect information to complete shipping needs.

Possible Third parties and their links to their privacy policies:  
Stripe: https://stripe.com/privacy
Wix: https://www.wix.com/about/privacy
PayPal:  https://www.paypal.com/us/webapps/mpp/ua/privacy-full 
Gmail:  https://policies.google.com/privacy 

DocHub: https://dochub.com/site/privacy
Google Analytics:  https://policies.google.com/privacy?hl=en_US
Apple: https://www.apple.com/legal/applepayments/privacy-notice/
UPS:   https://www.ups.com/us/en/help-center/legal-terms-conditions/privacy-notice.page
USPS: https://about.usps.com/who/legal/privacy-policy/full-privacy-policy.htm
FEDEX: https://www.fedex.com/en-us/trust-center/privacy.html
DHL: https://www.dhl.com/us-en/home/footer/local-privacy-notice.html
Printful: https://www.printful.com/policies/privacy

Bay Photo: https://bayphoto.com/privacy-policy/

Finerworks: https://finerworks.com/privacy.aspx

3.  SOCIAL MEDIA
When you access Live Edge Graphic Design on third party social media platforms such as but not limited to Facebook, Pinterest or Instagram these third parties each have their own privacy policies. 
Facebook: https://www.facebook.com/legal/FB_Work_Privacy
Pinterest: https://policy.pinterest.com/en/privacy-policy 
Instagram https://help.instagram.com/519522125107875
Users should carefully protect the personal information they submit on the site, including their passwords, usernames, location, images, and videos so that third parties can’t manipulate their accounts or assume the users identifies.  
Please understand, that any information you or others voluntarily disclose through sharing of comments, stories or reviews becomes available to the public. Live Edge Graphic Design is not responsible for the information that you choose to disclose publicly on this website or through our social media accounts and Live Edge Graphic Design’s use of such information is not subject to this privacy policy. In other words, you have chosen to make it public.

If you don’t want any posting, reviews, comments to become publicly available, please avoid posting any information to any of the public areas on our services, or social media platforms. Most likely, this would be in forms of review and comments.

4. E-MAIL
When you contact us by e-mail, leave comments or make an account, we use this information provided to communicate with you. Please do not e-mail or message sensitive personal information to us. We will not sell, rent or lease your E-mail address to third parties. E-mails regarding reviews, may be disclosed publicly.

5. AS REQUIRED
In addition, we may disclose your Personal Information if required to do so by law or if you violate our Terms of Use. We may share personal information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable terms of service, including investigation of potential violations; address fraud, illegal activities, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted or required by law. 

6. NON-PERSONAL INFORMATION
In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns of the Service. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our sole discretion.

IV. HOW WE PROTECT INFORMATION
We implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using our Service, you acknowledge that you understand and agree to assume these risks.

 

III. HOW WE PROTECT INFORMATION

 

We implement security measures designed to protect your information from unauthorized access. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.

 

IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

 

You have the right at any time to prevent us from contacting you for marketing purposes. If you do not want to revice contact from us at anytime please contact us at this email: sarah@livedgedesign.com.  Please note that we may send you administrative emails including, for example, periodic updates to our Privacy Policy.


1. OPT OUT
You have the right at any time to prevent us from contacting you for marketing purposes, however, here at Live Edge Graphic Design, we do not send promotional e-mails beyond requesting reviews. We may send you administrative e-mails including, for example, periodic updates to our Privacy Policy. You may also opt out of receiving e-mails from us at any time by e-mailing us at sarah@livedgedesign.com.  

2. MODIFYING OR DELETING YOUR PERSONAL INFORMATION
We rely on the personal information that you give us to attempt to complete any requests you have. Please assure the information is entered correctly. Upon your request we will update, amend, delete or limit the use of your personal information you have stored with us, and work with you to make reasonable efforts to honor your requests regarding your personal information. In some cases, it is not technologically possible to change or delete all the information stored on our systems. We may retain data for a period of time or longer periods as required by law, auditing requirements or legitimate business purposes. Please contact us at sarah@livedgedesign.com and we will work with you to accommodate your request as reasonably as possible. Accommodating law Cal.Civ.Code 1798.130(5),1798.135(a)(2)(A).., we will work our hardest to honor your request regarding your personal information.  

3. STOP CONTACT
You have the right at any time to prevent us from contacting you for marketing purposes and note this company does not make it their policy to contact customers for marketing purposes. The only contact that occurs will be to complete the order, asks for reviews or communicate with the user for consumer service questions or problems. If you no longer want to receive any communication with us beyond what might be legally necessary please do not enter, browse or use our website or our social media, do not use any of our products or services and do not provide us with any personal information. Again, contact us at sarah@livedgedesign.com for requests.


4. INFORMATION REQUEST
Under California law, once a year users who are California residents may request certain information regarding our use of your personal information to unaffiliated third parties for direct marketing purposes. Live Edge Graphic Design does not disclose any personal information to unaffiliated third parties for these purposes. It is not our policy to sell, lease or disclose information to third parties for marketing services. To request your personal information under California Law, please contact us via the following methods, using “California Privacy Rights” as the heading please e-mail a letter to sarah@livedgedesign.com and we will confirm this information.

5. INFORMATION REGARDING YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR).  
Please note, we do not sell products outside of the United States. Therefore, personal data generally is not collected for users located outside of the United States. If it were collected the following would apply:

A. We are a data Controller for your personal information for the purpose of this Privacy Policy.  
B. If you are from the European Economic Area (EEA) note that we may process your personal information because:
1. We need to perform a transaction with you
2. You have given us permission to do so
3. The processing is in our legitimate interests and is not overridden by your rights
4. For payment processing purposes
5. To comply with the law  
C. If you are a resident of the EEA Your Rights include the ability to:
1. Request Access to your personal data
2. Request Correction of your personal data
3. Request Erasure of your personal data
4. Request Restriction of processing of your personal data
5. Request Transfer of your personal data
5. Object to processing of your personal data
6. Request human intervention for automated decision making
7. You have the right to complain to a Data Protection Authority about our collection and use of your personal information.  
For more information, please contact your local data protection authority in the EEA. Online dispute resolution platform: https://ec.europa.eu/consumers/odr

6. “DO NOT TRACK” REQUEST
In accordance with Calif. Bus. & Prof. Code § 22575,  please note that we do not respond when a “DO NOT TRACK” signal is sent from your browser. Do Not Track Signal: (DNT) is a setting that asks websites to disable their tracking devices of the user. It can be enabled in a web-browser. When activated it signals all websites and their third parties that you do not want to be tracked. 

VI. DATA RETENTION
When you place an order with us, we retain your information for our records as long as necessary to fulfill the order, unless the information is needed longer or not prohibited by law. 

 

 

V. LINKS TO OTHER WEBSITES

 

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

 

VI. CHANGES TO OUR PRIVACY POLICY

 

The Company reserves the right to change this policy and our Terms of Service at any time.  We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

 

 

VII. CONTACT

 

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to sarah@livedgedesign.com

Last Updated: This Privacy Policy was last updated on July 13, 2023. 

 

 

Terms of Use

Live Edge Graphic Design August 24, 2020

 

Welcome to the Live Edge Graphic Design Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.livedgedesign.com. “Service” refers to the Company’s services accessed via the Site, in which users can view information about the Company and access contact forms for inquiries about more services provided by the Company. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

 

The following Terms of Use apply when you view or use the Service www.livedgedesign.com.

 

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use.If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

 

PRIVACY POLICY

 

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: Privacy Policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

 

ABOUT THE SERVICE

 

The Service allows you to access the Company’s website and the information provided on the website, as well as access and complete contact forms on the website. 

 

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

 

You need to be at least 13 years old and a resident of the United States to use the Service. The only personal information collected is that provided by you in our contact form.

You agree to notify us immediately of any unauthorized use of your personal information. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your personal information.

 

USE RESTRICTIONS

 

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: 

You agree that you will not under any circumstances: 

  • access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,

  •  collect or harvest any personal data of any user of the Site or the Service 

  •  use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;

  •  distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);

  • use the Service 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;

  • intentionally allow another user to access your account; 

  • provide false or inaccurate information when registering an account;

  • interfere or attempt to interfere with the proper functioning of the Service;

  • make any automated use of the Site, the Service or the related systems, 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;

  • bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; 

  • circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or

  • publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

 

 

POSTING AND CONDUCT RESTRICTIONS

 

When you fill out our contact form, you may be able to provide your name, email address, services you are interested in, and details about your design project (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. 

 You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. 

By transmitting and submitting any User Content while using the Service, you agree as follows:

   - You are solely responsible for your User Content and the activity that occurs providing that content.

   - You will not include information that is malicious, libelous, false or inaccurate;

   - You will not include any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

   - You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or include User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;

   - You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

    - You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, 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 Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

 

ONLINE CONTENT DISCLAIMER

 

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

 

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials included in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and the Company that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us sarah@livedgedesign.com.

 

 

LINKS TO OTHER SITES AND/OR MATERIALS

 

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

 

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

 

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at please email sarah@livedgedesign.com for a mailing address. 

1.   The date of your notification;

2.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

3.   A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

4.   A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

5.   Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

6.   A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

7.   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

LICENSE GRANT

 

By submitting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

 

INTELLECTUAL PROPERTY

 

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

 

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

 

Communications made through the Service’s email system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

 

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

 

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

We may also use your email address to send you other messages, including information about the Site or the Service. You may opt out of such emails by sending an email to sarah@livedgedesign.com or please email sarah@livedgedesign.com for a mailing address. 

Customer Support:

Please email for a mailing address: sarah@livedgedesign.com

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

 

WARRANTY DISCLAIMER

 

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

LIMITATION OF DAMAGES; RELEASE

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

MODIFICATION OF TERMS OF USE

 

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

 

GENERAL TERMS

 

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

 

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

 

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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I really hope you enjoy your order, however if there is a concern I'm happy to work with you to reach the appropriate solution. If you received a damaged, defective or wrong product, within 5 business days of receiving your order, please notify via email, sarah@livedgedesign.com and we will work together to determine the best solution with either a replacement or refund.

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