Terms of Use

 

Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for Arcoíris Design Studio

Last Updated on August 24, 2024

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​Our​ ​products,​ ​including​ ​online​ ​courses and Squarespace templates.

GENERAL PROVISIONS

This website is owned and operated by Arcoíris Design Studio, a CA company. Our principal place of business is located at 1305 Hodges Road Oceanside, CA 92056.

You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Arcoíris Design Studio, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may use Our intellectual property with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution.

Template Ownership

All intellectual property rights, including copyrights and trademarks, related to our templates and supplementary resources remain the sole property of Arcoíris Design Studio. Your purchase does not transfer ownership of these rights to you.

Template License Grant

Upon purchase, you are granted a limited, non-exclusive, non-transferable license to use the template. This license is subject to the following conditions:

  1. Single-Use License: Each template purchase authorizes use for a single website only. For multiple websites, including client projects, additional licenses must be acquired.

  2. Modifications: You may alter the template to meet your specific needs or those of your client.

  3. Restrictions: The following actions are strictly prohibited:

    • Duplicating the template for use on multiple websites

    • Distributing, sharing, selling, or sublicensing the template or its components

    • Utilizing any CSS, JavaScript, or other code from the template on websites not covered by the license

    • Sharing access to template tutorials or the AI-powered knowledge base with unauthorized users

  4. Client Projects: When using a template for a client's website, a separate license must be purchased for each unique client project.

Liability

While our templates serve as foundational elements for website creation, it is the responsibility of the licensee to ensure compliance with all applicable laws and regulations, including but not limited to copyright, data protection, and accessibility standards. Arcoíris Design Studio shall not be held liable for any non-compliance issues arising from the use of our templates.

Attribution and Credit

We appreciate the use of our templates in your creative endeavors and client work. However, we kindly request that you respect our intellectual property rights by adhering to the following guidelines:

  1. Client Projects: When utilizing our templates for client websites, you must retain our attribution and include a link to Arcoíris Design Studio. This can be accomplished by adding a statement such as "Website template by Arcoíris Design Studio" with a hyperlink in the website's footer.

  2. Personal or Business Use: If you're using the template for your own business or personal website, you have the option to remove our attribution.

  3. Multiple Contributors: You may include credits for multiple contributors, including yourself, alongside our attribution when applicable.

  4. Prohibited Actions: Claiming the design as entirely your own creation or removing required attribution is not permitted.

By purchasing and using our templates, you agree to abide by these intellectual property and licensing terms. Failure to omply may result in the termination of your license and potential legal action.

Template Access

You are granted lifetime access to the templates and supplementary resources, such as tutorials and workbooks. This means you will have access for the entire life of these offerings from the date of purchase, including content updates.

We reserve the right to discontinue our offerings at any time in the future, for any reason. If this happens, we will give you a 30-day notice so you have ample time to back up the resources.

Should we decide to repackage these existing resources into a shorter or longer offering, you agree that we are not obligated to provide you that separate offering for free or at a discount.

We do our best to ensure that your experience of our templates are free of interruptions. However, due to the digital nature of our offerings, we cannot guarantee that your access will not be restricted periodically to make way for repairs, maintenance, or updates.

We will not be held liable for refunds or damages, should our offerings be rendered inaccessible to you due to network failures, server overload, backup procedures, or other similar reasons.

Media Release

By posting, submitting, or distributing content—such as comments, photos, or videos—in our website and community, you are granting us the right to use them in our marketing or promotional efforts, now or at any time in the future.

This right includes granting us the use of your name and intellectual rights such as copyright and trademark to identify you as the author of your content. You acknowledge that this usage would require neither permission from nor compensation to you.

We are not obligated to display your content on our offerings, and we may choose to remove your content at any time for any reason.

Lawful Purposes

You agree to access and use our templates and supplementary resources for legitimate and lawful purposes only. This means that you shall not use our offerings in a manner that infringes the rights of others, encourages crime, or constitutes fraud.

[Company] reserves the right to revoke your access from our offerings if you violate these terms and policies.

We also reserve the right to investigate complaints and reported violations and take any action we deem necessary or appropriate. This includes but is not limited to reporting any suspected unlawful activity to law enforcement and disclosing any information as needed.

AI-Assisted Knowledge Base

To enhance our support services, we provide access to an AI-assisted knowledge base that pulls answers from trusted information sources. This knowledge base offers instant answers to a wide range of questions, including general information about our templates and basic Squarespace functionality. By using this service, you agree to the following terms:

  1. The AI-assisted knowledge base is provided as a complementary service and is not a substitute for human support.

  2. It offers instant answers to general questions and can be a quick first step for information before contacting our support team or Squarespace support.

  3. Access to the AI-powered knowledge base and template tutorials is strictly for licensed users only. Sharing access with unauthorized users is prohibited.

  4. Information provided by the AI system is generated based on our knowledge base and may not always be up-to-date or perfectly accurate.

  5. For template-specific issues or complex queries, you may still need to submit a support ticket for personalized assistance.

  6. You should verify any critical information obtained from the AI system with official documentation or human support.

  7. We are not liable for any damages or losses resulting from the use of information obtained from the AI-assisted knowledge base.

  8. We reserve the right to modify, suspend, or discontinue the AI-assisted knowledge base at any time without prior notice.

SECURITY​ ​AND​ ​ASSUMPTION​ ​OF​ ​RISK 

Security

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or Honeybook. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

Confidentiality

When you purchase our offerings, we may collect your personal data, including but not limited to the following:

  1. Name, address, and contact details

  2. Demographic information (e.g. age, income, location)

  3. Billing and payment information (e.g. credit or debit card)

  4. Preferences, interests, and other information that may identify you

By participating in the use of our offerings, you grant us the permission to use and store your personal data. The company respects your privacy, so we will not disclose any information you provide except as stated in this agreement.

We will exert our best efforts to keep your data safe and secure. However, we make no assurances about our ability to prevent the loss, misuse, or alteration of your personal data. Submitting your confidential information is done at your own risk.

​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. 

Assumption of Risk

​By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by US law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at alex@arcoiris.design.

THIRD- ​PARTY​ ​DISCLAIMER

​You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You. 

WARRANTIES​ ​DISCLAIMER

​WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. 

INDEMNIFICATION,​ ​LIMITATION​ ​OF​ ​LIABILITY,​ ​AND​ ​RELEASE​ ​OF​ ​CLAIMS

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

TERMINATION

If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

ENTIRE AGREEMENT

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with US law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of CA, USA.

CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.

If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at alex@thearcoirisdesign.co.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

CONTACT INFORMATION

Email: alex@arcoiris.design