TERMS AND CONDITIONS OF USE
for www.AngelaMariaHart.com
Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement.
You are deemed to have accepted this Agreement by using the website.
General Provisions
This website is owned and operated by Angela Maria Hart. I am a citizen of the United States of America. My principal place of business is Washington D.C. and Massachusetts.
Use of this website is at your own risk. I host my website on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety or your individual use of the website. The terms, conditions and privacy policy contained on this page is subject to change at any time.
All website users must be at least 13 years old or of necessary age in their country of residence or have their parent’s permission. You agree to comply with all US Federal CAN-SPAM Acts. AngelaMariaHart.com has a zero tolerance policy towards SPAM or any user associated with SPAM. If, at Angela’s absolute discretion, she establishes that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM, I may immediately terminate your ability to use the website.
www.AngelaMariaHart.com
The purpose of this website is to educate visitors, foster literary conversations, a platform for Angela to post, and provide information about Angela’s book clubs and additional projects. You further agree and acknowledge that your use of this Site and the Services results in you sending electronic interstate transmissions through Angela’s computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.
Angela’s Blog
All the information on this website - http://angelamariahart.com/ - is published in good faith and for general information purpose only. www.AngelaMariaHart.com does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (www.AngelaMariaHart.com), is strictly at your own risk. I will not be liable for any losses and/or damages in connection with the use of my website.
The opinions expressed in this blog are my own views, and I have based my review on my personal experience after purchasing, and using these products. I have no affiliation with the manufacturers, nor is my blog sponsored by any of them. I also cannot vouch for the absoluteness of my suggestions. Use discretion before buying or utilizing any product, and seek professional counsel in case of any issue.
The ad links featured on the various pages of my blog also have nothing to do with me, and do not reflect my personal interest or endorsement in any way. Furthermore, as the author of this blog, I am not responsible for the comments posted on this blog, and cannot be held liable for anything inaccurate, insensitive, racist, defaming, or profane. If a comment is inaccurate, insensitive, racist, defaming, or profane, it will be deleted. I reserve the right to remove comments for any reason, including but not limited to, content that it deems threatening, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotional of organizations or programs not related to or affiliated with the university, or otherwise injurious or illegal.
As the owner of this blog, I reserve the right to discontinue briefly, or entirely shut down this blog. Your comments on my blog are public for everyone to read, and I am not answerable to anyone for anything not written by me. If a posted comment is reproduced or shared in whole or part on any other platform, I am not personally responsible for any misuse of this content.
From my website, you can visit other websites by following hyperlinks to such external sites. While I strive to provide only quality links to useful and ethical websites, I have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before Angela has the opportunity to remove a link which may have gone 'bad'. Please also be aware that when you leave my website, other sites may have different privacy policies and terms which are beyond Angela’s control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
Photos
By visiting the website, you agree to comply with all applicable laws, statutes, rules and regulations regarding your use of the Website, including, without limitation, intellectual property laws and privacy laws. You acknowledge that content available through www.AngelaMariaHart.com, including, graphics (collectively, the “Intellectual Property”), is protected content. The images on this website is either owned by Angela Maria Hart or were purchased with express views by the artists. For instance, several clip art images were purchased via Etsy and are not available for copying and or downloading of any kind. Angela also had freelance artists create unique clip art and designs for her professional use. Except as expressly authorized by myself (Angela Maria Hart) herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on them (including, without limitation, any software) available through the Website.
Any reproduction, retransmission, distribution or republication these images are expressly prohibited, unless Angela Maria Hart has expressly granted its prior written consent. By having purchased a "Commercial Use License" on Fiverr for these images, the seller granted Angela a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. "Permitted Commercial Purposes" means any business-related use, such as advertising, promotion, creating web pages, integration into product, software or other business-related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This license is subject to and incorporates Fiverr's Ownership TOS.
Intellectual Property
All images, text, designs, graphics, trademarks and service marks are owned by and property of Angela, or the properly attributed party. It is a violation of federal law to use any of my intellectual property in whole or in part, and modification of any materials contained on this website is illegal and may be prosecuted to the fullest extent permissible should Angela choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using Angela’s intellectual property immediately.
You may use my intellectual property with clear and obvious credit back to my website, as well 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 Angela’s intellectual property as your own or your unique creation, even with attribution.
Disclaimers
Angela's website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless my website and company for any direct or indirect loss or conduct incurred as a result of your use of Angela’s 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 Angela may reference certain results, outcomes or situations on this website, you understand and acknowledge that I 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 a medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. I 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 I try to make accurate statements in a timely and effective manner, I 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 me know, please email me at writerahart@gmail.com.
Affiliates
This site may use affiliate links to sell certain products or services. Angela disclaims any and all liability as a result of your purchase through one of these links. Angela will use reasonable efforts to notify you when and where she has placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. A commission, affiliate fee and referral fee are all the same thing for this purpose.
Angela does not necessarily endorse or recommend any of the goods or services advertised on or through her websites. Angela does not necessarily endorse or recommend any affiliates using her services, website, or works.
Earnings Disclaimer
Angela makes no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through communications or your participation in the purchase of any of her products, information given, or participation in any affiliate program(s). Past results are not an indication or promise of your results. There is no guarantee you will earn any money using any of her materials, and your revenue is dependent solely on you and your actions or non-actions.
If you are using Angela’s products, information, or other materials for business purposes, you agree that the guarantees provided or any comparable consumer protection legislation shall not apply to separately purchased services.
Termination
If at any time Angela feels you have violated these Terms and Conditions, then she shall immediately terminate your use of our website and any related communications as she deems appropriate. It is within Angela’s sole discretion to allow any user’s access of her website, and Angela may revoke this access at any time without notice.
Sh may suspend or terminate your access to the website at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Services. Your account may be deactivated if it experiences a prolonged period of inactivity. Your User Content may also be deleted in the event your access is terminated. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.
Entire Agreement
Before you register with Angela’s website or make any purchases therefrom, you will be asked to consent to Angela’s 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 Angela relating to the use of this website. Any waiver by us of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
This Privacy Policy does not apply to the practices of third parties that Angela does not own or control, including Paypal or any third party services you access through AngelaMariaHart.com.
Feedback & Commentary
If you provides Angela with any feedback about her website(s), products, or works, you grant her the right to use that feedback for the purpose of improving her websites or Affiliate Program (and for any other purpose she deems necessary or desirable) without being obliged to pay you any compensation in respect of her use of that feedback. If you do send her unsolicited ideas, such ideas will be deemed non-confidential, and she will not be required to provide any acknowledgement of their source.
Severability, Headings & Merger
Headings are inserted for your convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect. This Agreement supersedes any existing communications or Agreements, and is the full extent of the agreement between the parties.
Any failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Privacy
If you require any more information or have any questions about Angela’s privacy policy, please feel free to email. Your privacy is extremely important to her. This privacy policy document describes in detail the types of personal information is collected and recorded by Angela and how she uses it.
At times, personal information, such as your name and email address are collected in exchange for her content and/or products. Angela will never force you to give your information; such activity is strictly voluntary.
Email/Newsletter Privacy
Angela offers the opportunity for you to volunteer certain information to us that is used for email, updates, and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but Angela reserves the right to maintain a database of past email subscribers. Angela reserves the right to use this information as reasonably necessary in her business and as provided by law.
You agree to receive email or other electronic communications from Angela including but not limited to newsletters, site updates, promotion resources, and other announcements and correspondence if you opted in to such email. You agree that all electronically-sent agreements, notices, disclosures and other communications that Angela provides satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications. Angela accepts no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring 'white-listing' of our email address.
If you unsubscribe from receiving Angela’s emails, you acknowledge and understand that you may no longer receive information or updates from Angela Maria Hart, related content, or any of her other properties.
Electronic communications occur whenever you use the website or services, you send Angela emails, she sends you emails, and Angela posts notices on the website. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
IP Addresses & Information
Derivative data is information that servers automatically collect about you when you access websites, such as your IP address, browser type, the dates and times that you access the website, and the specific pages you view. If you are using a mobile application, the servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Like most website operators, AngelaMariaHart.com collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Angela’s purpose in collecting non-personally identifying information is to better understand how her visitors use its website. From time to time, Angela may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Angela also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on AngelaMariaHart.com blogs/sites. Angela only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Your information allows Angela to offer you certain products and services, including the use of her website, to fulfill our obligations to you, to customize your interaction with her website, and to allow her to suggest other products and services she thinks might interest you. Angela may use this information to protect her company/website, including to investigate and remedy any violations of her rights or policies. Angela may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims. Angela may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or her website/works.
If you interact with others on Angela’s website, such as participating in the comment section of a blog post, users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts. When you post online, your posts may be viewed by others, and Angela may distribute your comments outside AngelaMariaHart.com.
User Content
“User Content” means any material that you or other visitors submit or transmit in any manner to the website for any purpose, whether publicly posted or privately transmitted, and includes, but is not limited to, any text, images, audio material, video material, and audio-visual material.
This website and the services it provides may include multiple ways of submitting User Content, including, for example, through use of forums, chats, online bulletin boards, and similar tools that allow visitors to communicate with others or submit content. Unless Angela indicates that particular User Content you submit will be kept confidential, your user content may be made available for other visitors to view on the website or through third-party services. You hereby represent and warrant that the User Content you submit does not violate our Acceptable Use Policy stated herein. You are prohibited from submitting any User Content that is illegal, unlawful, or infringes on the legal rights of any third party. Furthermore, you may not submit User Content that has ever been the subject of any actual or threatened legal proceedings or any User Content that may give rise to a legal action under any applicable law, whether against you, us, or a third party. You agree that you are solely responsible for any consequences that may result from submitting User Content, including use of the User Content by other visitors of the Site and by our third party partners. Unless Angela indicates that particular User Content you submit will be kept confidential, your User Content may be distributed, published, broadcast, or syndicated by Angela or our third-party partners. You may be subject to liability if you submit User Content without the authority to do so.
Angela does not endorse or support any User Content or the opinions contained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of any User Content or other communications submitted or published on the Site. You agree that we are not responsible for any loss or damage you may incur as a result of interacting with others on the Site, and Angela is under no obligation to become involved in any such disputes. You may not represent that Angela has provided, endorsed, or supported the User Content you submit. Your use or reliance on any User Content is at your own risk. You assume all risks associated with the User Content you submit, including any reliance on the User Content and the risk of disclosure of the User Content that may identify you personally to a third party. You understand and accept that by using the services or website you may be exposed to User Content that is offensive, inaccurate, deceptive, harmful, or otherwise inappropriate. User Content may be subject to specific rules and limitations we post or communicate to you from time to time. You agree to only submit User Content conforming to such rules and limitations.
Angela may remove, edit, or delete any User Content submitted, hosted, or stored on the website or our servers without providing you with prior notice. Angela is not obligated to store or back up any User Content. Therefore, you are responsible for creating backup copies of any User Content you wish to keep. Under no circumstances may Angela be held liable in any way for any User Content, including, but not limited to, for any errors or omissions in the User Content or for any loss or damage of any kind that may occur as a result of any User Content submitted, published, or otherwise made available on the Site, Services, or elsewhere.
Furthermore, you irrevocably waive any claims of moral rights or attribution regarding your User Content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to User Content as stated in these Terms. This means that you will always maintain ownership of the User Content you submit. However, Angela has the right to display the User Content and make various changes to it as are necessary in providing our Services and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this.
Cookies
Most browsers are set to accept cookies by default. In addition, when you first encounter AngelaMariaHart.com, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. Cookies may be used to authenticate your identity, for personalization, for security, for targeted advertising, or for analysis of the performance of the website; cookies that are not specific to your account but unique enough to allow Angela to analyze general trends and use, and to customize your interaction with her website.
Indemnity
Your use of Angela’s websites and content is voluntary. You shall indemnify Angela and/or her affiliates, distributors, licensors, and agents and all of her and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of Angela’s websites and content or your failure to maintain the confidentiality or security of your password or access rights.
You agree to indemnify, defend, and hold harmless Angela Maria Hart and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney’s fees, from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting User Content through the Site or Services. Angela reserves the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify her. You agree to cooperate fully with her in defending such claims or disputes, and you agree not to settle any such claims or disputes without Angela’s prior written consent. Angela will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
Release
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site or Services, you hereby release and forever discharge Angela, including her subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future.
Analytics
This website tracks visitors for the purpose of analyzing user data and metrics. This is done through cookies and pixels, as well as other, more modern means. Like many other Web sites, AngelaMariaHart.com makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’s analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable. AngelaMariaHart.com also uses cookies to store information about visitors’ preferences, to record user-specific information on which pages the site visitor accesses or visits, and to personalize or customize AngelaMariaHart.com content based upon visitors’ browser type or other information that the visitor sends via their browser. For example, some blog posts may be recommended to you based on what you have read on AngelaMariaHart.com in the past.
Statistics
At some point in time, Angela may partner with third party analytic companies, including Google Analytics and Squarespace Analytics. The analytic companies may use cookies or other tracking technologies to analyze visitors’ use of Angela’s website or mobile app to determine the popularity of the content, and better understand online activity. Angela will not transfer personal information to these third party vendors. You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Angela may collect statistics about the behavior of visitors to her websites. Angela may display this information publicly or provide it to others. However, Angela does not disclose personally-identifying information other than as described above.
Availability
Your use of AngelaMariaHart.com and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, Angela’s service providers do not make any warranty that her websites or any associated services will be error free, without interruption or delay, or free from defects in design. Angela will not be liable to you should her websites or the services supplied through her websites become unavailable, interrupted or delayed for any reason.
Support/Maintenance
Although Angela may choose to provide customer support or website maintenance, you acknowledge and agree that Angela is under no obligation to do so.
Restricted Access
Some parts of the website may be restricted to certain visitors. If you have permission to access restricted parts of the website, you agree to not share your access information and password with third parties. Angela may change the restricted parts of the website from time to time. If you do not have access to restricted parts of the website, you agree not to use another user’s account to gain such access or otherwise attempt to gain improper access to the restricted parts of the website.
Refunds
Angela takes your time and investment seriously, and she’d appreciate if you took her investment of time and resources into your success seriously too. If you purchase something from one of the referenced shops and require a refund, please message them directly and not Angela.
International Data
AngelaMariaHart.com is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome. Any dispute will be subject to adjudication in the United States.
Security
Although Angela endeavors to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on AngelaMariaHart.com. Angela does not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. Angela does not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of her websites or any outbound hyperlinks.
To the extent legally permitted, in no event shall Angela or any of her other properties or her affiliates, distributors, licensors, agents, or any of her or their directors, employees, or agents be liable as a result of your use of the websites or use of this website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if Angela or her affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.
Although Angela endeavors to prevent the introduction of viruses or other malicious code (together, "malicious code") to her websites, she does not guarantee or warrant that her websites, or any data available therein, do not contain malicious code. Angela will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.
Governing Law
This Agreement is governed by the laws of the state of Massachusetts the United States of America (USA) and the courts of Massachusetts, USA shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.
All rights reserved
All rights not expressly granted in this Agreement are reserved by Angela. If you do not see a usage scenario here that applies to your intended usage, or for any questions about Angela’s branding guidelines, please email her.
Consent
By using my website, you hereby consent to my disclaimer and agree to its terms.
General Terms
These Terms and our Privacy Policy represent the entire and exclusive agreement between you and Angela Maria Hart regarding your use of the website and services, superseding and replacing all previous agreements. You may also be subject to additional terms and conditions or separate agreements regarding specific services Angela provides, partner or affiliate services, use of Third-Party Resources, or any purchases you may make through the website. In the event that these Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. Angela may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
Cumulative Rights, the rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law. e. Law and Jurisdiction These terms shall be governed by, and will be construed under, the laws of Massachusetts, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the website or services will be brought exclusively in the federal or state courts located in Massachusetts, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
Update
Should I update, amend or make any changes to this document, those changes will be prominently posted here.
Please report any violations of these Terms to Angela Maria Hart.
If you require any more information or have any questions about my website's disclaimer, please feel free to contact me by email at writerahart@gmail.com