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TERMS OF USE

Terms of Use for Tansy Aster Creative’s Website and Services

1. Introduction

These Terms of Use (“Terms”) shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms.

2. Intellectual Property Rights

Volatile Creations LLC, a Colorado limited liability company d.b.a. Tansy Aster Creative (“Tansy Aster”), and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. Third-party Information

Any links to other websites or resources are for informational purposes only and do not imply any legal connection with or endorsement by Tansy Aster. We make no representations or warranties about any other site or third-part information.

4. Restrictions

You are expressly restricted from doing any of the following:

  • publishing any Website material in any media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is, or may be, damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in a way that causes,
    or may cause, harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar
    activity in relation to this Website, or while using this Website;
  • using this Website to engage in any advertising or marketing activities;

Effective Date: August 2020

5. No Warranties

This Website is provided “as is,” with all faults, and Tansy Aster makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website.

6. Limitation of liability

In no event shall Tansy Aster, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Tansy Aster , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent Tansy Aster from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Updating Our Terms

We reserve the right to modify our Terms at any time, so please review them frequently. You are bound by such changes, as soon as they are available on our website. The most current version of the Terms can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom each website page. We encourage you to keep a copy of the Terms of Use for your reference.

10. Privacy Policy

Please see our Privacy Policy which is incorporated herein by reference. The most current version of the Privacy Policy can be reviewed by clicking on the “Privacy Policy” hypertext link located at the bottom each website page. We encourage you to keep a copy of the Privacy Policy for your reference.

11. Assignment

Tansy Aster shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be

permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

12. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Tansy Aster and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

13. Law, Jurisdiction and Venue

You agree that these Terms of Use are made under, and shall be construed and enforced in accordance with, the laws of the State of Colorado, without regard to its conflict of law provisions. You agree and consent to the venue and personal and subject matter jurisdiction of the federal and state courts for the State of Colorado.

14. Termination and Survival

These Terms are effective until terminated. All provisions of these Terms relating to payment, warranties, disclaimers, limitations of liability, and proprietary rights shall survive termination.

15. How to Contact Us and Written Notice

Should you need to contact us about these Terms, please use the “Contact Us” function on the Website.