Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to Designs by Jonathan located at DesignsbyJonathan.com, and all associated sites linked to www.designsbyjonathan.com by Designs by Jonathan, it’s subsidiaries and affiliates, including Designs by Jonathan sites around the world (collectively, the “Site”. The Site is the property of Designs by Jonathan and it’s licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Designs by Jonathan reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean you accept and agree to the changes. As long as you comply with these Terms of Use, Designs by Jonathan grants you personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Designs by Jonathan, and it’s protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Web site, or other medium for publication or distribution or for any commercial enterprise, without Designs by Jonathan’s express prior written consent.

You may use information on Designs by Jonathan about the website’s services such as knowledge base articles and similar material made available provided that you (1) no remove any proprietary notice language in all copies such as documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warrantees relating to such documents.

Your Use of the Site

You may not use any “deep link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Designs by Jonathan reserves the right to ban any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Designs by Jonathan server, by hacking, password “mining” or any other illegitimate means.

You ma not scan or test the Site or any network connected to the Site, nor breach the security or authentication measures of the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information or any other user of or visitor to the Site, to its source, or any service or information made available through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site.You may not create headers or change identifiers in order to disguise the origin of any message or transmittal you send to Designs by Jonathan on or through the Site. You may not act like you are authorized to represent Designs by Jonathan. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use or infringes the rights of Designs by Jonathan or others.

Links to Other Sites

This Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided as a convenience to users visiting the website. Such Linked Sites are not within Designs by Jonathan’s control, and Designs by Jonathan is not responsible for and does endorse the content of such Linked Sites, including any information or materials on such Linked Sites. You should make your own independent judgement regarding your going to any Linked Sites.

Disclaimers

DESIGNS BY JONATHAN DOES NOT GUARANTEE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE IS ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS ARE GOING TO BE CORRECTED, OR THAT YOUR USE OF THE SITE IS PROVIDING SPECIFIC FEATURES. THE SITE AND ITS CONTENT ARE PUBLISHED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DESIGNS BY JONATHAN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE IS FREE OF VIRUSES OR DESTRUCTIVE FEATURES. DESIGNS BY JONATHAN DISCLAIMS ALL EXPRESS OR WARRANTIES THAT IMPLY, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY FOR A SPECIFIC REASON. DESIGNS BY JONATHAN DISCLAIMS ANY AND ALL LIABILITY FOR ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU HAVE TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND LINKED SITES. YOUR REMEDY FOR ANY ISSUE WITH THE WEBSITE IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THE USER OF THIS WEBSITE AGREES TO THIS LIMITATION.

Designs by Jonathan reserves the right to do any of the following, at any time, without notice: 1 modify, suspend, or block access to the Site for any reason, 2 to modify or change the site, and any applicable policies or terms; and 3 to block the website for maintenance, error correction ,or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Designs by Jonathan be liable for you for any damages. You agree that Designs by Jonathan is not responsible for any damages in connection with your use of the Site.

Violation of These Terms of Use

Designs by Jonathan may disclose any information we have about you (including your identity) if required in connection with a complain regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing damages or interference with (either intentionally or unintentionally) Designs by Jonathan’s rights or property, or the rights of property of visitors to or users of the Site. Designs by Jonathan reserves the right at all times to provide any information that Designs by Jonathan requires to comply with the applicable laws.

You acknowledge and agree that Apple may store any communication by you with Designs by Jonathan through this Site,  and may also provide that data if required by law or Designs by Jonathan requires to do so. You also agree that any violation by you of these Terms of Use will constitute as unlawful conduct.

If Designs By Jonathan takes any legal action against you as result of your violation of these Terms of Use, Designs by Jonathan is entitled to, and you agree to pay, all reasonable legal fees and costs such action, in addition to any other damages to Designs by Jonathan. You agree that Designs by Jonathan is not responsible to you or any third party limiting or blocking your access to the Site as a result of your violation of the Terms of Use.

Governing Law; and Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, are governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of law provisions. The provision does not apply if you are visiting the website in the European Union. If you are in the European Union their applicable law(s) would apply.

Void Where Prohibited

Designs by Jonathan owns the DesignsByJonathan.com Site. If you choose to access the site from outside of the United States, you are visiting the site at your own initiative and you are responsible for complying with the applicable laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or any adaption of such Content, or any service on this Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of these Terms of Use are reviewed by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum necessary and replaces with a valid provision that best represents the intent of these Terms of Use, so that these Terms of Use shall be in full effect. These Terms of Use constitute you agreeing to how you are allowed to use the Site.