FAQs
Where are my downloads?
After you purchase you will receive an email with a link to download the pattern – note that if you paid with PayPal, the email may be sent to that email address rather than your account address. The email will be coming from nerdprincessdesigns@gmail.com. Please add this to your approved recipient list and check your spam folder.
Once you download the file; open the file from your downloads folder – not from file preview as the files are long and the preview probably wont include all the pages.
You will have lifetime access to your purchases on the site. Go to your account, then purchases.
Returns and Refunds Policy
All of our products are digital download only.
Due to the nature of digital purchase, we do not offer refunds for any fulfilled orders unless other than where required by law. However; if orders have not been downloaded we will consider each request on a case by case basis.
Please send a message to nerdprincessdesigns@gmail.com with the following information
- Product title and order number. Tell is the name of the product for which you’d like a refund, as well as the order number for this purchase. Be sure the product title and order number are correct.
- Reason for requesting a refund. Explain as clearly as you can your reason for requesting a refund. Add as much additional details about your request as you can and choose a reason for the request:
- Accidental purchase. This category only applies to purchases made by you. If someone other than you made the purchase, select I didn’t make this purchase instead. “Accidental purchases” can include any of the following:
- You purchased the incorrect item.
- You accidentally purchased content that you already own.
- Purchased content doesn’t work – If the content you purchased isn’t working correctly, try troubleshooting the problem before you submit your request for a refund. You will be asked to list the troubleshooting steps you tried.
- ‘I didn’t make this purchase’
Shipping Policy
All items are sold as digital downloads. You will not receive any physical products. There are no shipping costs for any items.
Privacy Policy
ONLINE PRIVACY POLICY AGREEMENT
January 1, 2023
Nerd Princess Designs ( Nerd
Princess Designs) values its users’ privacy. This Privacy Policy
(“Policy”) will help you understand how we collect and use personal
information from those who visit our website or make use of our online
facilities and services, and what we will and will not do with the information
we collect. Our Policy has been designed and created to ensure those affiliated
with Nerd Princess Designs of our commitment and realization of our obligation
not only to meet, but to exceed, most existing privacy standards.
We reserve the right to make
changes to this Policy at any given time. If you want to make sure that you are
up to date with the latest changes, we advise you to frequently visit this
page. If at any point in time Nerd Princess Designs decides to make use of any
personally identifiable information on file, in a manner vastly different from
that which was stated when this information was initially collected, the user
or users shall be promptly notified by email. Users at that time shall have the
option as to whether to permit the use of their information in this separate
manner.
This Policy applies to Nerd
Princess Designs, and it governs any and all data collection and usage by us.
Through the use of nerdprincessdesigns.com, you are therefore consenting to the
data collection procedures expressed in this Policy.
Please note that this Policy does
not govern the collection and use of information by companies that Nerd
Princess Designs does not control, nor by individuals not employed or managed by
us. If you visit a website that we mention or link to, be sure to review its
privacy policy before providing the site with information. It is highly
recommended and suggested that you review the privacy policies and statements
of any website you choose to use or frequent to better understand the way in
which websites garner, make use of and share the information collected.
Specifically, this Policy will
inform you of the following
1. What
personally identifiable information is collected from you through our website;
2. Why
we collect personally identifiable information and the legal basis for such
collection;
3. How
we use the collected information and with whom it may be shared;
4. What
choices are available to you regarding the use of your data; and 5. The security procedures in place
to protect the misuse of your information.
Information We Collect
It is always up to you whether to
disclose personally identifiable information to us, although if you elect not
to do so, we reserve the right not to register you as a user or provide you
with any products or services. This website collects various types of
information, such as:
· Information automatically
collected when visiting our website, which may include cookies, third party
tracking technologies and server logs.
In addition, Nerd Princess
Designs may have the occasion to collect non-personal anonymous demographic
information, such as age, gender, household income, political affiliation, race
and religion, as well as the type of browser you are using, IP address, or type
of operating system, which will assist us in providing and maintaining superior
quality service.
Nerd Princess Designs may also
deem it necessary, from time to time, to follow websites that our users may
frequent to gleam what types of services and products may be the most popular
to customers or the general public.
Why We Collect Information and For How Long
We are collecting your data for
several reasons:
· To better understand your needs
and provide you with the services you have requested;
· To
fulfill our legitimate interest in improving our services and products;
· To send you promotional emails
containing information we think you may like when we have your consent to do
so; · To contact you to fill out
surveys or participate in other types of market research, when we have your
consent to do so; · To
customize our website according to your online behavior and personal
preferences.
The data we collect from you will
be stored for no longer than necessary. The length of time we retain said
information will be determined based upon the following criteria: the length of
time your personal information remains relevant; the length of time it is
reasonable to keep records to demonstrate that we have fulfilled our duties and
obligations; any limitation periods within which claims might be made; any
retention periods prescribed by law or recommended by regulators, professional
bodies or associations; the type of contract we have with you, the existence of
your consent, and our legitimate interest in keeping such information as stated
in this Policy.
Use of Information Collected
Nerd Princess Designs does not
now, nor will it in the future, sell, rent or lease any of its customer lists
and/or names to any third parties.
Nerd Princess Designs may collect
and may make use of personal information to assist in the operation of our
website and to ensure delivery of the services you need and request. At times,
we may find it necessary to use personally identifiable information as a means
to keep you informed of other possible products and/or services that may be
available to you from nerdprincessdesigns.com
Nerd Princess Designs may also be
in contact with you with regards to completing surveys and/or research
questionnaires related to your opinion of current or potential future services
that may be offered.
Nerd Princess
Designs uses various third-party social media features including but not limited
to Facebook, Instagram, Pinterest and other interactive programs. These may collect your IP address and require
cookies to work properly. These services
are governed by the privacy policies of the providers and are not within Nerd
Princess Designs’s control.
Disclosure of Information
Nerd Princess Designs may not use
or disclose the information provided by you except under the following
circumstances:
· as
necessary to provide services or products you have ordered;
· in other
ways described in this Policy or to which you have otherwise consented;
· in the
aggregate with other information in such a way so that your identity cannot
reasonably be determined; · as
required by law, or in response to a subpoena or search warrant;
· to
outside auditors who have agreed to keep the information confidential;
· as
necessary to enforce the Terms of Service;
· as necessary to maintain,
safeguard and preserve all the rights and property of Nerd Princess Designs.
Non-Marketing Purposes
Nerd Princess Designs
greatly respects your privacy. We do maintain and reserve the right to contact
you if needed for nonmarketing purposes (such as bug alerts, security breaches,
account issues, and/or changes in Nerd Princess Designs products and
services). In certain circumstances, we
may use our website, newspapers, or other public means to post a notice.
Children Under the Age of 13
Nerd Princess Designs’s website
is not directed to, and does not knowingly collect personal identifiable
information from, children under the age of thirteen (13). If it is determined
that such information has been inadvertently collected on anyone under the age
of thirteen (13), we shall immediately take the necessary steps to ensure that
such information is deleted from our system’s database, or in the alternative,
that verifiable parental consent is obtained for the use and storage of such
information. Anyone under the age of thirteen (13) must seek and obtain parent
or guardian permission to use this website.
Unsubscribe or Opt Out
All users and visitors to our
website have the option to discontinue receiving communications from us by way
of email or newsletters. To discontinue or unsubscribe from our website please
send an email that you wish to unsubscribe to nerdprincessdesigns@gmail.com. If
you wish to unsubscribe or opt-out from any third-party websites, you must go
to that specific website to unsubscribe or opt-out. Nerd Princess Designs will
continue to adhere to this Policy with respect to any personal information
previously collected.
Links to Other Websites
Our website does contain links to
affiliate and other websites. Nerd Princess Designs does not claim nor accept
responsibility for any privacy policies, practices and/or procedures of other
such websites. Therefore, we encourage all users and visitors to be aware when
they leave our website and to read the privacy statements of every website that
collects personally identifiable information. This Privacy Policy Agreement
applies only and solely to the information collected by our website.
Notice to European Union Users
Nerd Princess Designs’s
operations are located primarily in the United States. If you provide
information to us, the information will be transferred out of the European
Union (EU) and sent to the United States. (The adequacy decision on the EU-US
Privacy became operational on August 1, 2016. This framework protects the
fundamental rights of anyone in the EU whose personal data is transferred to
the United States for commercial purposes. It allows the free transfer of data
to companies that are certified in the US under the Privacy Shield.) By
providing personal information to us, you are consenting to its storage and use
as described in this Policy.
Your Rights as a Data Subject
Under the regulations of the
General Data Protection Regulation (“GDPR”) of the EU you have
certain rights as a Data Subject. These rights are as follows:
· The right to be informed: this means we
must inform you of how we intend to use your personal data and we do this
through the terms of this Policy.
· The right of access: this means you
have the right to request access to the data we hold about you and we must
respond to those requests within one month. You can do this by sending an email
to nerdprincessdesigns@gmail.com.
· The right to rectification: this means that
if you believe some of the date, we hold is incorrect, you have the right to
have it corrected. You can do this by logging into your account with us, or by
sending us an email with your request.
· The right to erasure: this means you can request that the
information we hold be deleted, and we will comply unless we have a compelling
reason not to, in which case you will be informed of same. You can do this by
sending an email to nerdprincessdesigns@gmail.com.
· The right to restrict processing: this
means you can change your communication preferences or opt-out of certain
communications. You can do this by sending an email to
nerdprincessdesigns@gmail.com.
· The right of data portability: this
means you can obtain and use the data we hold for your own purposes without
explanation. If you wish to request a copy of your information, contact us at
nerdprincessdesigns@gmail.com.
· The right to object: this means you can file a formal objection
with us regarding our use of your information with regard to third parties, or
its processing where our legal basis is our legitimate interest in it. To do
this, please send an email to nerdprincessdesigns@gmail.com.
In addition to the rights above,
please rest assured that we will always aim to encrypt and anonymize your
personal information whenever possible. We also have protocols in place in the
unlikely event that we suffer a data breach and we will contact you if your
personal information is ever at risk. For more details regarding our security
protections see the section below or visit our website at
nerdprincessdesigns.com.
Security
Nerd Princess Designs takes
precautions to protect your information. When you submit sensitive information
via the website, your information is protected both online and offline.
Wherever we collect sensitive information (e.g. credit card information), that
information is encrypted and transmitted to us in a secure way. You can verify
this by looking for a lock icon in the address bar and looking for
“https” at the beginning of the address of the webpage.
While we use encryption to
protect sensitive information transmitted online, we also protect your
information offline. Only employees who need the information to perform a
specific job (for example, billing or customer service) are granted access to
personally identifiable information. The computers and servers in which we
store personally identifiable information are kept in a secure environment.
This is all done to prevent any loss, misuse, unauthorized access, disclosure
or modification of the user’s personal information under our control.
The company also uses
Secure Socket Layer (SSL) for authentication and private communications to
build users’ trust and confidence in the internet and website use by providing
simple and secure access and communication of credit card and personal
information. In addition, Nerd Princess
Designs is a licensee of TRUSTe. The website is also secured by VeriSign.
Acceptance of Terms
By using this website, you are
hereby accepting the terms and conditions stipulated within the Privacy Policy
Agreement. If you are not in agreement with our terms and conditions, then you
should refrain from further use of our sites. In addition, your continued use
of our website following the posting of any updates or changes to our terms and
conditions shall mean that you agree and acceptance of such changes.
How to Contact Us
If you have any questions or
concerns regarding the Privacy Policy Agreement related to our website, please
feel free to contact us at the following email address.
Email: nerdprincessdesigns@gmail.com
The data controller responsible
for your personal information for the purposes of GDPR compliance is:
Nerd Princess Designs
nerdprincessdesigns@gmail.com
GDPR Disclosure:
If you
answered “yes” to the question Does your website comply with the
General Data Protection Regulation (“GDPR”)? then the Privacy Policy
above includes language that is meant to account for such compliance.
Nevertheless, in order to be fully compliant with GDPR regulations your company
must fulfill other requirements such as: (i) doing an assessment of data
processing activities to improve security; (ii) have a data processing
agreement with any third party vendors; (iii) appoint a data protection officer
for the company to monitor GDPR compliance; (iv) designate a representative
based in the EU under certain circumstances; and (v) have a protocol in place
to handle a potential data breach. For more details on how to make sure your
company is fully compliant with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its
subsidiaries are in no way responsible for determining whether or not your
company is in fact compliant with GDPR and takes no responsibility for the use
you make of this Privacy Policy or for any potential liability your company may
face in relation to any GDPR compliance issues.
COPPA Compliance Disclosure:
This Privacy
Policy presumes that your website is not
directed at children under the age of 13 and does not knowingly collect personal identifiable information from them or
allow others to do the same through your site. If this is not true for your
website or online service and you do collect such information (or allow others
to do so), please be aware that you must be compliant with all COPPA
regulations and guidelines in order to avoid violations which could lead to law
enforcement actions, including civil penalties.
In order to
be fully compliant with COPPA your website or online service must fulfill other
requirements such as: (i) posting a privacy policy which describes not only your practices, but also the practices
of any others collecting personal information on your site or service — for
example, plug-ins or ad networks; (ii) include a prominent link to your privacy
policy anywhere you collect personal information from children; (iii) include a
description of parental rights (e.g. that you won’t require a child to disclose
more information than is reasonably necessary, that they can review their
child’s personal information, direct you to delete it, and refuse to allow any
further collection or use of the child’s information, and the procedures to
exercise their rights); (iv) give parents “direct notice” of your information
practices before collecting information from their children; and (v) obtain the
parents’ “verifiable consent” before collecting, using or disclosing
personal information from a child. For more information on the definition of
these terms and how to make sure your website or online service is fully compliant with COPPA please
visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-six-stepcompliance. FormSwift and its
subsidiaries are in no way responsible for determining whether or not your
company is in fact compliant with COPPA and takes no
responsibility for the use you make of this Privacy Policy or for any potential
liability your company may face in relation to any COPPA compliance issues.
Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2023.
Acceptance of Terms
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Nerd Princess Designs, also known as Nerd Princess Designs, and our subsidiaries and affiliates, in association with the use of the Nerd Princess Designs website, which includes nerdprincessdesigns.com, (the “Site”) and its Services, which shall be defined below.
Description of Website Services Offered
The Site is an e-commerce website which has the following description:
This is an ecommerce site for the sale of crochet patterns, delivered as instant digital downloads.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained. Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the
Services provided and made available through our website and applications,
which may include some mobile applications and that those applications may be
made available on various social media networking sites and numerous other
platforms and downloadable programs, are the sole property of Nerd Princess
Designs. At its discretion, Nerd Princess Designs may offer additional website
Services and/or products, or update, modify or revise any current content and
Services, and this Agreement shall apply to any and all additional Services
and/or products and any and all updated, modified or revised Services unless
otherwise stipulated. Nerd Princess Designs does hereby reserve the right to
cancel and cease offering any of the aforementioned Services and/or products.
You, as the end user and/or member, acknowledge, accept and agree that Nerd
Princess Designs shall not be held liable for any such updates, modifications,
revisions, suspensions or discontinuance of any of our Services and/or
products. Your continued use of the Services provided, after such posting of
any updates, changes, and/or modifications shall constitute your acceptance of
such updates, changes and/or modifications, and as such, frequent review of
this Agreement and any and all applicable terms and policies should be made by
you to ensure you are aware of all terms and policies currently in effect.
Should you not agree to the updated, revised or modified terms, you must stop
using the provided Services forthwith.
Furthermore, the user and/or member understands,
acknowledges and agrees that the Services offered shall be provided “AS
IS” and as such Nerd Princess Designs shall not assume any responsibility
or obligation for the timeliness, missed delivery, deletion and/or any failure
to store user content, communication or personalization settings.
Registration
To register and become a “member” of the Site,
you must be at least 18 years of age to enter into and form a legally binding
contract. In addition, you must be in good standing and not an individual that
has been previously barred from receiving Nerd Princess Designs’s Services
under the laws and statutes of the United States or other applicable
jurisdiction.
When you register, Nerd Princess Designs may collect
information such as your name, e-mail address, birth date, gender, mailing
address, occupation, industry and personal interests. You can edit your account
information at any time. Once you register with Nerd Princess Designs and sign
in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges,
understands and agrees to:
a) furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain
and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false,
untrue, inaccurate or incomplete nature, Nerd Princess Designs will have
sufficient grounds and rights to suspend or terminate the member in violation
of this aspect of the Agreement, and as such refuse any and all current or
future use of Nerd Princess Designs Services, or any portion thereof.
It is Nerd Princess Designs’s priority to ensure the safety
and privacy of all its visitors, users and members, especially that of
children. Therefore, it is for this reason that the parents of any child under
the age of 13 that permit their child or children access to the Nerd Princess
Designs website platform Services must create a “family” account,
which will certify that the individual creating the “family” account
is of 18 years of age and as such, the parent or legal guardian of any child or
children registered under the “family” account. As the creator of the
“family” account, s/he is thereby granting permission for his/her
child or children to access the various Services provided, including, but not
limited to, message boards, email, and/or instant messaging. It is the parent’s
and/or legal guardian’s responsibility to determine whether any of the Services
and/or content provided are age-appropriate for his/her child.
Member Account, Username, Password and Security
When you set up an account, you are the sole authorized
user of your account. You shall be responsible for maintaining the secrecy and
confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would
be deemed a violation of the TOS. It shall be your responsibility to notify
Nerd Princess Designs immediately if you notice any unauthorized access or use
of your account or password or any other breach of security. Nerd Princess
Designs shall not be held liable for any loss and/or damage arising from any
failure to comply with this term and/or condition of the TOS.
Conduct
As a user or member of the Site, you herein acknowledge,
understand and agree that all information, text, software, data, photographs,
music, video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole responsibility of
the individual from whom the content originated. In short, this means that you
are solely responsible for any and all content posted, uploaded, emailed,
transmitted or otherwise made available by way of the Nerd Princess Designs
Services, and as such, we do not guarantee the accuracy, integrity or quality
of such content. It is expressly understood that by use of our Services, you
may be exposed to content including, but not limited to, any errors or
omissions in any content posted, and/or any loss or damage of any kind incurred
as a result of the use of any content posted, emailed, transmitted or otherwise
made available by Nerd Princess Designs.
Furthermore, you herein agree not to make use of Nerd
Princess Designs’s Services for the purpose of:
a) uploading,
posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing
harm to minors in any manner whatsoever;
c) impersonating
any individual or entity, including, but not limited to, any Nerd Princess
Designs officials, forum leaders, guides or hosts or falsely stating or
otherwise misrepresenting any affiliation with an individual or entity;
d) forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary relationship with;
e) uploading,
posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading,
posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance
with any contractual or fiduciary relationship;
g) uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, “junk mail,” “spam,” or
any other form of solicitation, except in any such areas that may have been
designated for such purpose;
h) uploading,
posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs
which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
i)
disrupting the normal flow of communication, or
otherwise acting in any manner that would negatively affect other users’
ability to participate in any real time interactions;
j)
interfering with or disrupting any Nerd Princess
Designs Services, servers and/or networks that may be connected or related to
our website, including, but not limited to, the use of any device software
and/or routine to bypass the robot exclusion headers;
k) intentionally
or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ, and any regulations having the force of law;
l)
providing informational support or resources,
concealing and/or disguising the character, location, and or source to any
organization delegated by the United States government as a “foreign
terrorist organization” in accordance to Section 219 of the Immigration
Nationality Act;
m) “stalking”
or with the intent to otherwise harass another individual; and/or
n) collecting
or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
Nerd Princess Designs herein reserves the right to
pre-screen, refuse and/or delete any content currently available through our
Services. In addition, we reserve the right to remove and/or delete any such
content that would violate the TOS or which would otherwise be considered
offensive to other visitors, users and/or members.
Nerd Princess Designs herein reserves the right to access,
preserve and/or disclose member account information and/or content if it is
requested to do so by law or in good faith belief that any such action is
deemed reasonably necessary for:
a) compliance
with any legal process;
b) enforcement
of the TOS;
c) responding
to any claim that therein contained content is in violation of the rights of
any third party;
d) responding
to requests for customer service; or
e) protecting
the rights, property or the personal safety of Nerd Princess Designs, its
visitors, users and members, including the general public.
Nerd Princess Designs herein reserves the right to include
the use of security components that may permit digital information or material
to be protected, and that such use of information and/or material is subject to
usage guidelines and regulations established by Nerd Princess Designs or any
other content providers supplying content services to Nerd Princess Designs.
You are hereby prohibited from making any attempt to override or circumvent any
of the embedded usage rules in our Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of any information or
materials supplied by our Services, despite whether done so in whole or in
part, is expressly prohibited.
Cautions for Global Use and Export and Import Compliance
Due to the global nature of the internet, through the use
of our network you hereby agree to comply with all local rules relating to
online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be
subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all
applicable export and import laws, statutes and
regulations,
including, but not
limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are
not on the list of prohibited individuals which may be identified on any
government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited
country identified in applicable export and import laws and regulations;
b) agree
not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c) agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and
d) agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.
Content Places or Made Available for Company Services
Nerd Princess Designs shall not lay claim to ownership of
any content submitted by any visitor, member, or user, nor make such content
available for inclusion on our website Services. Therefore, you hereby grant
and allow for Nerd Princess Designs the below listed worldwide, royalty-free
and non-exclusive licenses, as applicable:
a) The
content submitted or made available for inclusion on the publicly accessible
areas of Nerd Princess Designs’s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services is for the sole purpose of providing and
promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a
member of Nerd Princess Designs’s sites, and shall terminate at such time when
you elect to discontinue your membership.
b) Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Nerd Princess Designs’s sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Nerd Princess Designs’s sites and
shall terminate at such time when you elect to discontinue your membership.
c) For
any other content submitted or made available for inclusion on the publicly
accessible areas of Nerd Princess Designs’s sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed.
Those areas which may be deemed “publicly
accessible” areas of Nerd Princess Designs’s sites are those such areas of
our network properties which are meant to be available to the general public,
and which would include message boards and groups that are openly available to
both users and members.
Conditions to Company Website
Nerd Princess Designs provides an area for our users and
members to contribute feedback to our website. When you submit ideas,
documents, suggestions and/or proposals (“Contributions”) to our site,
you acknowledge and agree that:
a) your
contributions do not contain any type of confidential or proprietary
information;
b) Nerd
Princess Designs shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c) Nerd
Princess Designs shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d) the
contributor’s Contributions shall automatically become the sole property of
Nerd Princess Designs; and
e) Nerd
Princess Designs is under no obligation to either compensate or provide any
form of reimbursement in any manner or nature.
Indemnity
All users and/or members herein agree to insure and hold Nerd Princess
Designs, our subsidiaries, affiliates, agents, employees, officers, partners
and/or licensors blameless or not liable for any claim or demand, which may
include, but is not limited to, reasonable attorney fees made by any third
party which may arise from any content a member or user of our site may submit,
post, modify, transmit or otherwise make available through our Services, the
use of Nerd Princess Designs Services
or your connection with these Services, your violations of the Terms of Service
and/or your violation of any such rights of another person.
Commercial Reuse of Services
The member or user herein agrees not to replicate,
duplicate, copy, trade, sell, resell nor exploit for any commercial reason any
part, use of, or access to Nerd Princess Designs’s sites.
Use and Storage General Practices
You herein acknowledge that Nerd Princess Designs may set
up any such practices and/or limits regarding the use of our Services, without
limitation of the maximum number of days that any email, message posting or any
other uploaded content shall be retained by Nerd Princess Designs, nor the
maximum number of email messages that may be sent and/or received by any
member, the maximum volume or size of any email message that may be sent from
or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on Nerd Princess Designs’s servers on the
member’s behalf, and/or the maximum number of times and/or duration that any
member may access our Services in a given period of time. In addition, you also agree that Nerd Princess
Designs has absolutely no responsibility or liability for the removal or
failure to maintain storage of any messages and/or other communications or
content maintained or transmitted by our Services. You also herein acknowledge
that we reserve the right to delete or remove any account that is no longer
active for an extended period of time. Furthermore, Nerd Princess Designs shall
reserve the right to modify, alter and/or update these general practices and
limits at our discretion.
Modifications
Nerd Princess Designs shall reserve the right at any time
it may deem fit, to modify, alter and or discontinue, whether temporarily or
permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or
any part thereof.
Termination
As a member of nerdprincessdesigns.com, you may cancel or
terminate your account, associated email address and/or access to our Services
by submitting a cancellation or termination request to
nerdprincessdesigns@gmail.com.
As a member, you agree that Nerd Princess Designs may,
without any prior written notice, immediately suspend, terminate, discontinue
and/or limit your account, any email associated with your account, and access
to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not limited to:
a) any
breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
b) by
way of requests from law enforcement or any other governmental agencies;
c) the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;
d) unexpected
technical or security issues and/or problems;
e) any
extended periods of inactivity;
f) any
engagement by you in any fraudulent or illegal activities; and/or
g) the
nonpayment of any associated fees that may be owed by you in connection with
your nerdprincessdesigns.com account Services.
Furthermore, you herein agree that any and all
terminations, suspensions, discontinuances, and or limitations of access for
cause shall be made at our sole discretion and that we shall not be liable to
you or any other third party with regards to the termination of your account,
associated email address and/or access to any of our Services.
The termination of your account with
nerdprincessdesigns.com shall include any and/or all of the following:
a) the
removal of any access to all or part of the Services offered within
nerdprincessdesigns.com;
b) the
deletion of your password and any and all related information, files, and any
such content that may be associated with or inside your account, or any part
thereof; and
c) the
barring of any further use of all or part of our Services.
Advertisers
Any correspondence or business dealings with, or the
participation in any promotions of, advertisers located on or through our
Services, which may include the payment and/or delivery of such related goods
and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between
you and any such advertiser. Moreover, you herein agree that Nerd Princess
Designs shall not be held responsible or liable for any loss or damage of any
nature or manner incurred as a direct result of any such dealings or as a
result of the presence of such advertisers on our website.
Links
Either Nerd Princess Designs or any third parties may
provide links to other websites and/or resources. Thus, you acknowledge and
agree that we are not responsible for the availability of any such external
sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or
available from such third party sites or resources. Furthermore, you
acknowledge and agree that Nerd Princess Designs shall not be responsible or
liable, directly or indirectly, for any such damage or loss which may be a
result of, caused or allegedly to be caused by or in connection with the use of
or the reliance on any such content, goods or Services made available on or
through any such site or resource.
Proprietary Rights
You do hereby acknowledge and agree that Nerd Princess
Designs’s Services and any essential software that may be used in connection
with our Services (“Software”) shall contain proprietary and
confidential material that is protected by applicable intellectual property
rights and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information presented
by and through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore, except for
that which is expressly permitted by applicable law or as authorized by Nerd
Princess Designs or such applicable licensor, you agree not to alter, modify,
lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform
and/or created any plagiaristic works which are based on Nerd Princess Designs
Services (e.g. Content or Software), in whole or part.
Nerd Princess Designs herein has granted you personal,
non-transferable and non-exclusive rights and/or license to make use of the
object code or our Software on a single computer, as long as you do not, and
shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the
interface which is provided by Nerd Princess Designs for use in accessing our
Services.
Warranty Disclaimers
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF NERD PRINCESS DESIGNS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. NERD PRINCESS DESIGNS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b) NERD PRINCESS DESIGNS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NERD PRINCESS DESIGNS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NERD PRINCESS DESIGNS SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NERD PRINCESS DESIGNS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NERD
PRINCESS
DESIGNS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY
WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD
RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM NERD PRINCESS DESIGNS OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY
BE CONTAINED ON A COMPUTER
SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY
INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY
PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR
ANYONE IN YOUR FAMILY HAVE AN
EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
Limitations of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NERD PRINCESS DESIGNS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE
USE OR INABILITY TO USE OUR SERVICE;
b) THE
COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS
OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Release
In the event you have a dispute, you agree to release Nerd
Princess Designs (and its officers, directors, employees, agents, parent
subsidiaries, affiliates, co-branders, partners and any other third parties)
from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.