Terms of Service
1. Introduction
These Terms of Use (the “Terms of Use”) apply to the websites and mobile applications of Ana Maria Designs LLC and its family of affiliated companies that operate the brands ANA MARIA DESIGNS (collectively, the "Website"). Ana Maria Designs LLC and its family of affiliated companies are herein collectively referred to as “Ana Maria Designs,” “we,” “us,” or “our”. By accessing the Websites, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Websites. Please also refer to the Ana Maria Designs Privacy Policy, the terms of which are incorporated herein.
2. Intellectual Property Ownership & Use
Please be aware that as you visit and navigate the Websites, your use of such Websites is subject to applicable laws governing the ownership and use of intellectual property, including but not limited to Ana Maria Designs’ trademarks and copyrights.
Trademarks
You may not use any of the Ana Maria Designs trademarks or trade dress without our prior written permission. Trademarks and trade dress include but are not limited to the Ana Maria Designs name and logos, as well as other graphics, logos, page headers, button icons, scripts, and names of Ana Maria Designs’ products, services, and programs. Any other trademarks that appear on the Websites are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by Ana Maria Designs.
Copyright
All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the Websites, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Ana Maria Designs and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print hard copies from the Websites solely for personal, non-commercial purposes. Any other use of any content included on the Websites, including linking or framing to the Websites, are strictly prohibited unless you first obtain Ana Maria Designs’ prior written consent.
3. User Generated Content & Third Party Content
The Websites may provide you with the opportunity to submit, post, or display content, such as comments, feedback, suggestions, ideas, opinions, messages, photos, images, text, materials, information, data, notes, graphics, designs, or any other communications or content (collectively, “Content”). By submitting Content on the Websites, you represent that: (i) you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the Content that you submit; (ii) you have permission from all persons appearing in your Content to grant the rights granted herein; (iii) the use of the Content as described herein will not violate any law or the rights of any third party; (iv) you are above the age of 16; (v) if your Content shows a child that is under the age of majority in their state or locality of residence, you represent that you have written permission from the child's parent or guardian to provide the photo or video image for commercial use. Submitting Content to the Websites means that you automatically grant Ana Maria Designs, and its third-party service providers and vendors, a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid right and license to use that Content and your image, likeness, username, real name, caption, location or other identifying information in connection with your Content, for any lawful purpose whatsoever, including but not limited to any commercial advertising, in any manner or media now or later developed, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that Content to third parties for their lawful uses and purposes. Subject to applicable laws, you waive any moral rights that you or your licensors may have in any Content. Ana Maria Designs is under no obligation to post or publish any Content that you may provide.
Although third-party or user-generated Content may be posted on the Websites, the posting of such Content does not constitute Ana Maria Designs’ endorsement of the Content. Ana Maria Designs is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Content. While visiting our Websites, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any website you may access through the Websites. They are independent from us, and we have no control over, or responsibility for, their information or activities.
4. Prohibited Uses
In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Websites or any Content for reasons including but not limited to the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Websites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Websites, other websites, or the Internet. This list is in no way exhaustive. We reserve the right to terminate your use of the Websites for violating any prohibited uses.
5. Miscellaneous
Errors & Inaccuracies
We always try to provide complete, accurate, up-to-date information on our Websites. Despite those efforts, human or technological errors may occur. The Websites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to the Websites, their content, or the information available on or through the Websites; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of the Websites or any other site linked to the Websites. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. Your use of the Websites is undertaken at your own risk.
Applicable Law
By visiting our Websites, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and Ana Maria Designs or any of its affiliates, subsidiaries, agents, employees, predecessors in interest, successors and assigns regarding your visit to and use of our Websites, as well as regarding any and all disputes or claims relating in any way to the Privacy Policy, these Terms of Use, or to any products or services sold or distributed by us or through our Websites.