Terms of Use

TERMS OF SERVICE

DS Education Group runs a blog and website and would love for you to use it.

These Terms of Service are complements of the kind people of Atuomattic who run a web site hosting service called WordPress.com.  If you need a Terms of Service agreement for your website, please feel free to use theirs.

As agreed by the Creative Commons License this Terms of Service agreement has been tailored to suit the needs of DS Education Group and Amanda-DaSilva.com.

TERMS OF SERVICE:

The following terms and conditions govern all use of the Amanda-DaSilva.com website, henceforth to be referred to as The Website, and all content, services and products available at or through The Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Story Envelope (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DS Education Group, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older.

1.    Responsibility of Contributors. If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code.

By making Content available, you represent and warrant that your content does not violate these terms.  By submitting Content to DS Education Group for inclusion on The Website, you grant DS Education Group a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting The Website.

This license allows DS Education Group to make publicly-posted content available to third parties selected by DS Education Group so that these third parties can analyze and distribute (but not publicly display) your content through their services.

Without limiting any of those representations or warranties, DS Education Group has the right (though not the obligation) to, in DS Education Group’s sole discretion (i) refuse or remove any content that, in DS Education Group’s reasonable opinion, violates any DS Education Group policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of The Website to any individual or entity for any reason, in DS Education Group’s sole discretion. DS Education Group will have no obligation to provide a refund of any amounts previously paid.

2.    Responsibility of Website Visitors.
DS Education Group has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, DS Education Group does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DS Education Group disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Amanda-Dasilva.com links, and that link to Amanda-Dasilva.com. DS Education Group does not have any control over those non-DS Education Group websites and webpages, and is not responsible for their contents or their use. By linking to a non DS Education Group web page, DS Education Group does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DS Education Group disclaims any responsibility for any harm resulting from your use of non-DS Education Group websites and webpages.

4.  Copyright Infringement and DMCA Policy.
As DS Education Group asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DS Education Group violates your copyright, you are encouraged to notify DS Education Group. DS Education Group will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DS Education Group will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DS Education Group or others. In the case of such termination, DS Education Group will have no obligation to provide a refund of any amounts previously paid to DS Education Group

5. Intellectual Property.
This Agreement does not transfer from DS Education Group to you any DS Education Groupor third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DS Education Group. DS Education Group, Amanda-DaSilva.com, the Amanda Da Silva logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of DS Education Group. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DS Education Group or third-party trademarks.

6. Disclaimer of Warranties.
The Website is provided “as is”. Story Envelope Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Story Envelope Media nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

7. Limitation of Liability.
In no event will DS Education Group, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DS Education Group under this agreement during the twelve (12) month period prior to the cause of action. DS Education Groupshall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

8. General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, province, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

9. Indemnification.
You agree to indemnify and hold harmless DS Education Group, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

10. Translation.
These Terms of Service were originally written in English (Canada). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

11. Miscellaneous.
This Agreement constitutes the entire agreement between DS Education Group and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DS Education Group, or by the posting byDS Education Group of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in British Columbia.

12. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DS Education Group may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.