TERMS OF USE

Last updated: January 25, 2022

PLEASE READ THESE TERMS CAREFULLY
These Terms of Use (the “Terms”) govern your use of and access to www.rosebenedictdesign.com and its sub-domains and affiliated sites, as well as Rose Benedict Design’s (“Rose Benedict’s” “me” or “I”) pages and accounts on Facebook®, LinkedIn®, Instagram®, and YouTube® (the “Site”).

Please read these Terms carefully. Please also review my Privacy Policy, which is linked in the footer of this site. By using the Site, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Site. I may modify these Terms from time to time. Any modifications will be effective immediately when I post them. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

INTELLECTUAL PROPERTY
Unless explicitly stated otherwise, as between you and Rose Benedict Design, Rose Benedict Design owns all right, title, and interest in and to the Site, including, without limitation, site content, organization, graphics, design, compilation and other matters related to or included on the Site. My name, Rose Benedict Design, Chromarosa LLC, and all related names, logos, product and service names, designs and slogans are my trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners and should not be used without those respective owners’ permission. Any unauthorized use, dissemination, reproduction, or copying of these terms or any content on the Site will be prosecuted to the fullest extent of the law.

THIRD PARTY RIGHTS
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Rose Benedict Design either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me at the contact information listed below and provide me with the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR
If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where my servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by me. These countries (including the United States) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, my collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy. If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to rose@rosebenedictdesign.com. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.

LINKING TO THE SITES
Anyone linking to the Site must comply with all applicable laws and should not: (i) misrepresent its relationship with Rose Benedict Design; (ii) present false or misleading information about Rose Benedict Design; or (iii) contain content that is reasonably considered profanity, defamatory, vulgar, offensive, or unlawful.

LINKS
You may find links to other websites on the Site. These links are provided solely as a convenience to you and not as an endorsement by Rose Benedict Design of the contents on such third-party sites. I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Rose Benedict Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

DISCLAIMER AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. ROSE BENEDICT DESIGN, WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

CHOICE OF LAW AND VENUE
These Terms are governed by the laws of the State of Ohio without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Columbus, Ohio.

YOUR COMMENTS AND CONCERNS
This website is operated by Chromarosa, LLC DBA Rose Benedict Design located at 391 W 4th Ave, Columbus Ohio 43201. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to rose@rosebenedictdesign.com.