Terms

Terms and Conditions

1. Terms

By purchasing pre-made or custom designs from Poxxie (www.poxxie.com) you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree to these terms, you are prohibited from purchasing any offered services on this website (www.poxxie.com). The materials contained in this web site are protected by applicable copyright and trade mark laws. These terms and conditions are subject to change at any given time without notice and we advise you to read them prior to any purchase(s).

2. Use License

Pre-made Designs

  1. When a pre-made design is purchased from Poxxie/Kendra Howard, permission is granted to the purchaser (aka the Client) for personal use ONLY. The Client is not purchasing rights to resell, redistribute, reuse or duplicate the design to be used on more than one platform without prior written permission. This includes but is not limited to any texts, graphics, designs, photography, on the pre-made designs by Poxxie/Kendra Howard. This is the grant of a license, not a transfer of title, and under this license you may not (without prior, written permission):
    1. reproduce or copy the materials;
    2. use the materials for any commercial purpose (with the exception of ads or designs created for the sole purpose of commercial websites such as e-commerce);
    3. attempt to decompile or reverse engineer any software contained on Poxxie/Kendra Howard’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Poxxie/Kendra Howard at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Custom Designs

  1. When a custom design is purchased from Poxxie/Kendra Howard, the Client guarantees that he or she owns or has permission from the rightful owner to use any design elements (including but not limited to, graphics, photography, text, illustrations, etc) in which, I, Poxxie/Kendra Howard (www.poxxie.com) can use these elements in a design intended for resell. If the Client is found to be using elements for which he or she does not own, the design will be immediately terminated and no refund will be issued. The Client agrees to protect, defend, and hold harmless Poxxie/Kendra Howard for any C&D, suit, or claims against Poxxie/Kendra Howard from the use of design elements illegally obtained by the Client. The Client agrees to give Poxxie/Kendra Howard the source(s) of any used design elements so we can contact them for proper licensing if desired and to give the person(s) proper credit. Permission is granted to the purchaser (aka the Client) for personal use ONLY. The Client is not purchasing rights to resell, redistribute, reuse or duplicate the design to be used on more than one platform without prior written permission. This includes but is not limited to any texts, graphics, designs, photography, on the custom designs by Poxxie/Kendra Howard. This is the grant of a license, not a transfer of title, and under this license you may not (without prior, written permission):
    1. reproduce or copy the materials;
    2. use the materials for any commercial purpose (with the exception of ads or designs created for the sole purpose of commercial or business websites such as e-commerce);
    3. attempt to decompile or reverse engineer any software contained on Poxxie/Kendra Howard’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Poxxie/Kendra Howard at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The client assumes all risks, responsibilities, and liability of any design element supplied by the Client(s).

3. Disclaimer

  1. The pre-made materials on Poxxie/Kendra Howard’s web site are provided “as is” (with the exception of changes to the Blog Title/Subtitle on banners and any additional sidebar headers). Additional customization on pre-made materials will be subject to additional fees. Poxxie/Kendra Howard makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Poxxie/Kendra Howard does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
  2. The custom materials on Poxxie/Kendra Howard’s web site are provided “as is” once the final design has been approved and paid for. Poxxie/Kendra Howard will work with you one-on-one and send you, the Client design concepts until we have created one that you approve of. Once you, the Client, approve of the final design and make the final payment, you will receive your design and any additional customization on the final, approved, and paid design will be subject to additional fees. Poxxie/Kendra Howard makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Poxxie/Kendra Howard does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
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4. Limitations

In no event shall Poxxie/Kendra Howard or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Poxxie/Kendra Howard’s Internet site, even if Poxxie/Kendra Howard or a Poxxie/Kendra Howard authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Poxxie/Kendra Howard can not be held liable nor can breach of this agreement occur for any events that are beyond our control. These events include, but may not be limited to: hardware, software, and any electrical failures, natural events such as tornadoes, fire, etc.

5. Revisions and Errata

The materials appearing on Poxxie/Kendra Howard’s web site could include technical, typographical, or photographic errors. Poxxie/Kendra Howard does not warrant that any of the materials on its web site are accurate, complete, or current. Poxxie/Kendra Howard may make changes to the materials contained on its web site at any time without notice. Poxxie/Kendra Howard does not, however, make any commitment to update the materials.

6. Outside Links

Poxxie/Kendra Howard has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Poxxie/Kendra Howard of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Poxxie/Kendra Howard may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Poxxie/Kendra Howard’s web site shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions.

9. Payment, Refunds, and Project Delivery

After you submit your free quote request, we will send you an estimated price quote for your design. If you agree to the quote and would like the design process to begin, we require you pay a deposit of 25%-50% of the finished designed. The deposit amount is based upon the type, difficulty, and length of time your project will take to complete. The deposit reserves you a spot in our waiting list. Once the deposit is received, Poxxie/Kendra Howard will begin the design process on your, the Client’s, project. THE DEPOSIT IS NOT REFUNDABLE. We suggest you do not commit to a design project unless you are 100% certain you are willing to wait until it is fulfilled. We accept payment in the form of PayPal ONLY. You are not required to have a PayPal account in order to make payments.
Once your design is complete and approved by you, the Client, you will make the final payment. After your final payment has been received and cleared, we will publish the design(s) on your, the Client’s, respective blog or website, etc. WE MUST HAVE AUTHORIZED ACCESS TO ANY FTP PROGRAMS, WORDPRESS DASHBOARD, BLOGGER DASHBOARD, AND ANY USERNAME AND PASSWORDS REQUIRED TO ACCESS YOUR ACCOUNT(S). We will not abuse, store or sell your information, per our Privacy Policy.
Once the final payment has been made WE DO NOT OFFER ANY REFUNDS. We give you the chance to preview your design before it is completed. If you have any concerns or would like to make any changes, please address them before you approve of the final design.

10. Communication

My ability to provide clients with their completed project in a timely manner is due in large part on your responsibility to provide consistent communication with me. If you plan on going on vacation or an unforeseen circumstance arises, please let me know as soon as possible so I can place your project on hold and move on to the next. All communication is done via email. I ask you to respect that I work from home at night after my son has gone to sleep or during nap times and will not be able to conduct business by phone. If there is an emergency or you feel your project is large enough that a phone consultation is needed, please let me know immediately so I can set aside some time for that. We can also chat via Skype or Google during my "work" hours (9:00 p.m. - 1:00 a.m.) if that would be more convenient for you. If you do not respond for 14 consecutive days without prior notification, I reserve the right to cancel your project and a refund will not be given.

11. Credit Links

Any credit links appearing on your design once installed MUST REMAIN for the life of the design. Removal of any credit links are in direct violation of these Terms and Conditions of Use to which you agreed upon by requesting a free quote and purchasing our services.
We reserve the right to display use and display any pre-made or custom design to be used in any of our portfolios, networking sites/profiles, and any advertisements.
General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
* Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
* We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
* We will only retain personal information as long as necessary for the fulfillment of those purposes.
* We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
* Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
* We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
* We will make readily available to customers information about our policies and practices relating to the management of personal information.
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