Terms of Service | Boo Design

The following Terms of Service ("terms") is an agreement between Happily Crafty, LLC dba Boo Design (herein “us”, “we” or “our”), and you, the user of boodesign.com ("this site”), conditioned upon your acceptance of all of these terms as well as conditions, policies, and notices stated here.

By visiting this site, communicating with us through this site, and/or paying us for a project, you engage in work with us ("our service") and agree to be bound by the following terms, including any additional conditions or policies referenced on this page and/or made available by hyperlink.

These terms apply to all users of this site, including, but not limited to users who are browsers, agencies, vendors, customers, business owners, merchants, and/or content contributors. These terms also apply to any contract(s) we issue for a project involving our service.

Please read this entire page carefully before using this site and/or engaging in our service. If you do not agree to all of the terms and conditions of this agreement, then you may not engage in our service and we request you immediately discontinue use of this site. If these terms are considered an offer, acceptance is expressly limited to these terms.

General Conditions

We reserve the right to remove access to this site for indefinite periods of time or cease the ability to use our service at any time, without notice to you.

You agree not to reproduce, duplicate, copy or exploit any portion of this site, our service, use of our service, access to our service or any contact on this site through which our service is provided, without express written permission by us. This includes, but is not limited to our logos, graphics, product images, page descriptions, project contracts, and blog article content.

The section headings used in this agreement, and all policies on this site, are included for convenience only and will not limit or otherwise affect these terms.

Available Service

With the exception of print and physical items (i.e., stationery or branded promotional products), all products we provide are delivered in digital format and may be modified or repurposed as desired after fully purchased by you. This includes attributing your own self, company, and/or client as the author or designer through our white label functionality. You may also provide a file depicting your logo or a branding image (upon our approval) to be included in order reports, however, this feature is optional.

Edits and revisions for a project may be requested as many times as necessary. Such requests, however, for changes significantly differing, altering or, otherwise, opposing (based on our discretion) the information and details originally agreed upon for a current project and/or a previously approved project will require paying for a new project.

Changes To Our Service

Our products, including, but not limited to types, prices, and functionality are subject to change at any time without notice to you, at the sole discretion of us. We reserve the right at any time to discontinue any project or service. Any offer for any project or service made available on this site is void where prohibited.

We reserve the right at any time to modify or discontinue our service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a project or our service.

Non-Disclosure

Boo Design does not sign or provide individual non-disclosure agreements for every agency, business or client that works with us and uses our service. We do, however, treat all users of this site with full non-disclosure respect, meaning we will never showcase or publicize your affiliation with us without your permission.

Per our Privacy Policy, we may share certain information you provide us with vendors in order to fully process payments, serve digital advertisements or in the event of having to comply with a legal obligation.

Personal Information

You agree and understand that the submission of your personal information, both on this site and for project materials (i.e., questionnaire forms, contracts, payment authorization forms, invoices, etc.), is governed by our Privacy Policy.

Restrictions

We reserve the right to refuse any order you wish to place with us as well as refuse any project you wish to work on us with for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using the same email address, credit card or company address. In the event that we make a change to or cancel an order or project, we will attempt to notify you by contacting the email address and/or phone number we have listed for you on file.

Prohibited Uses

In addition to other prohibitions as set forth in these terms, you are prohibited from using both this site and our service (including any part of a project we create for you) to:

Perform any unlawful purpose
Solicit others to perform or participate in any unlawful acts
Violate any international, federal, provincial or state regulations, rules, laws or local ordinances
Infringe upon or violate our intellectual property rights or the intellectual property rights of others
Harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
Submit false or misleading information
Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our service or of any related website, other websites or the Internet
Collect or track the personal information of others
Spam, phish, pharm, pretext, spider, crawl or scrape
Perform or take part in any obscene or immoral purpose
Interfere with or circumvent the security features of our service or any related website, other websites or the Internet

We reserve the right to terminate your access to this site, any part of a project or any use of our service for violating any of these prohibited uses. This also includes if you commit any act that we determine or learn to be unlawful or in violation of these terms.

Limitation of Liability

We do not guarantee, represent or warrant that your use of this site or our service will be uninterrupted, timely, secure or error-free. You agree that any results you obtain from this site or in our service may not be accurate or reliable. You agree that your use of, or inability to use, this site, our service or any of our products created for you from a project is solely done at your own risk.

In no case shall Boo Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind. This includes, but is not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our service or any products purchased from this site or for any other claim related in any way to your use of our service or any product purchased from this site. This includes, but is not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of our service or any content or product posted, transmitted or otherwise made available via our service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Order Disputes & Satisfaction

It is our commitment for you to be satisfied with the work we do for you. Please note, however, due to the creative and technological scope of our service, we are unable to offer any refund(s) of any kind. This includes all orders and/or projects.

If you are dissatisfied with any part of our service at any time (including during and/or after an order), please contact support@boodesign.com as soon as possible. Once we have received your message, we will communicate with you to understand your concerns and will assist in rectifying any dissatisfaction caused by our service.

Unsolicited Submissions or Suggestions

Boo Design or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to production processes, technologies or product/service enhancements. We request you do not submit or suggest to us any unsolicited ideas, content, artwork or other works in any form to Boo Design.

The sole purpose of this policy is to avoid potential misunderstandings or disputes when Boo Design’s products and/or services might seem similar to ideas you may have submitted. If, despite our request, you send us your ideas, then you automatically agree to the following:

Your submissions and their contents will automatically become the property of Boo Design, without any compensation to you
Boo Design may use or redistribute the submissions and their contents for any purpose and in any way
There is no obligation for Boo Design to review the submission or suggestion
There is no obligation to keep any submissions or suggestion confidential

Errors, Inaccuracies, & Omissions

Occasionally, there may be information on this site or in our service that contains typographical errors, inaccuracies or omissions. This includes, but is not limited to products, prices, promotions, project delivery times, project contracts or product availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel projects if any information on this site or in our service, including a project contract, is inaccurate at any time, without prior notice (including after you have placed an order). We undertake no obligation to update, amend or clarify information on this site or in our service.

Governing Law

These terms and your use of this site are governed by and construed in accordance with the laws of the State of Indiana applicable to agreements made and to be entirely performed within the the State of Indiana, without regard to its conflict of law principles.

Changes To This Policy

You can review our most current version of these terms at any time on this page. Any new content, features or resources added to this site and/or our service shall also be subject to these terms.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to this site. You agree it is your responsibility to check this page periodically for changes to any terms or conditions.

Your continued use of or access to this site or our service following the posting of any changes to these terms constitutes your acceptance of those changes. If we make significant changes, however, we will make that clear to you either on this site or through direct notification.

If you have questions or comments about our terms or policies, you may contact us by emailing terms@boodesign.com, calling (317) 567-2386 or writing via post to:

Boo Design

12175 Visionary Way, Suite 350

Fishers, Indiana 46038