Terms of Use

Blog Terms of Use

Last Updated or Modified: June 11, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS BLOG.  YOUR USE OF THIS BLOG SHALL BE YOUR AGREEMENT TO THE TERMS SET FORTH BELOW.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THIS BLOG.

1.  Acceptance of the Terms of Use

These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), are a legally binding contract between you and Silhouette School Inc. (the “Blog Owner”, the “Company”, “Silhouette School™”, “Silhouette U”, “we” or “us”).  They govern your access to and use of https://www.silhouetteschoolblog.com (the “Blog”), including the terms of use relating to the online content provided free of charge (“Free Content”), along with any other content, functionality and services that the Blog Owner will provide or offer to you (the “User”, or “you”) on or through the Blog.  By using this Blog and accessing its content, you accept and agree to be bound by these Terms of Use and our Privacy Statement, incorporated herein by reference.

If you have any questions, you should contact the Blog Owner at silhouetteschoolblog@gmail.com.

2.  Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Blog thereafter.  

Your continued use of the Blog following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page each time you access this Blog so you are aware of any changes, as they are binding on you.

3.  Content Access

The Blog is a platform that provides Free Content, including tutorials and other blog posts that may be accessed directly on the Blog or in the form of a newsletter delivered to your email inbox, and free Silhouette design files that are available for download. 

Our blog posts and the free Silhouette design files that are available for download on the Blog are accessible to all Users. Users may also comment and read other Users’ comments on blog posts and certain other Blog pages. We have the right to (i) block your ability to submit comments to the Blog, or (ii) unsubscribe you from our newsletter, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.  

If you wish to subscribe to the Blog’s newsletter, you must provide your email address. You must provide an accurate email address, and you may not use false information or impersonate another person or company in providing your email address. By using the Blog, including by visiting or commenting on blog posts or any Blog pages that enable comments, or by subscribing to our newsletter, you consent to the Blog Owner collecting and using your personal information in accordance with the Blog Owner’s Privacy Statement. You can read the Privacy Statement here. 

To access the Blog, you must be 16 years of age or older. If you are using the Blog in the course of business, you are also agreeing to these Terms of Use on behalf of such business. If you do not agree with these Terms of Use, or are not authorized to do so, you should not use the Blog. You are solely responsible for making all arrangements necessary for you to have access to the Blog.

4.  Blog Content

The Blog Owner reserves the right to vary the content hosted on the Blog and does not guarantee that the Free Content will remain free of charge, or that any content that we provide or link to will remain available. The Blog Owner is under no obligation to provide any content, including free Silhouette designs or tutorials. Any and all content on the Blog will be provided, modified or removed in the Blog Owner’s sole discretion.

5.  Intellectual Property and Limitations on Use of the Blog 

All content and services provided by the Blog Owner belong to the Blog Owner or are licensed to the Blog Owner. The Blog Owner or its licensors own all the intellectual property rights in the content and services. The content and services provided are solely for your personal use, and we grant you a limited, non-exclusive, non-transferrable, non-sublicensable right and license to use the Blog, download files from the Blog and store files from the Blog on your computer for your personal use only. Your computer may also temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your web browser for display enhancement purposes.

Except as otherwise expressly permitted herein, you must not sublicense, distribute, sell, supply, publicly display, reproduce, republish, download, store, transmit, modify, create derivative works of, adapt, amend, incorporate, merge, or otherwise alter any content or services provided by or through this Blog. You must not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services. You must not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Blog Owner or its licensors or otherwise relating to the Blog. 

No right, title or interest in or to the Blog or any content on the Blog is transferred to you by these Terms of Use, and all rights not expressly granted are reserved by the Company.  Any use of the Blog not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark or other laws. 

In addition to the foregoing, you must not:

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text of any content.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies or materials from this Blog.

6.  Trademarks

The Company name, the term Silhouette School, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs and slogans on this Blog are the trademarks of their respective owners.  

7.  Disclaimer of Representations and Warranties 

You understand that we cannot and do not guarantee, represent or warrant that any content or any file available for downloading from this Blog or from sites affiliated with this Blog will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for restoration of any lost data.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE BLOG OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BLOG OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE BLOG AND ANY CONTENT OBTAINED THROUGH THE BLOG IS AT YOUR OWN RISK.  THE BLOG AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE BLOG.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE BLOG OR ITS CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT LINKED TO BY THE BLOG, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR BLOG OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE BLOG OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT LINKED TO BY THE BLOG, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BY NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

8.  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE BLOG, ANY SITES LINKED TO IT, ANY CONTENT OR ITEMS ACCESSED THROUGH OR ON THE BLOG OR SUCH OTHER SITES OR ANY CONTENT OBTAINED THROUGH THE BLOG OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.  Indemnification

You agree to defend (at the Company’s option), indemnify and hold harmless the Company (including any of the Company’s employees, successors and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Blog, including but not limited to any purchase of content from sites linked to by the Blog, and any other use of the Blog’s content or content from other sites linked to by the Blog other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Blog or any other site linked to by the Blog.

The Company retains sole discretion in handling its legal defense and strategy even with your indemnification, and you agree to cooperate with the Company so we can execute our strategy.

10.  Prohibited Uses

You may use the Blog only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Blog, including without limitation its comment sections:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses, screen names or user names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Blog, or which, as determined by us in our sole discretion, may harm the Company or Users or expose them to liability.
• In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Blog, including their ability to engage in real time activities through the Blog.

You agree not to:

• Use any robot, spider or other automatic devise, process or means to access the Blog for any purpose, including monitoring or copying any of the material on the Blog.
• Use any manual process to monitor or copy any of the material on the Blog or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Blog.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Blog, the server on which the Blog is stored, or any server, computer or database connected to the Blog.
• Attack the Blog via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Blog.

11.  Commenting Guidelines

We reserve the right to review all comments prior to posting, to enforce the following commenting guidelines, and to remove any comments that we believe do not adhere to these guidelines or are otherwise not in the best interest of the Blog. Because the Blog is a public forum, please be aware that any personal information you provide is publicly accessible, and we expressly disclaim any liability or responsibility relating to any information that you voluntarily choose to publicly provide. Submitting a comment on the Blog constitutes your representation that you own or otherwise control all rights to the content.

By submitting a comment, you agree not to:

• Share or post someone else’s personal information or any information that would cause embarrassment or distress to any person or entity.
• Impersonate anyone relating to the Company or the Blog, any other Users, or any other person or entity.
• Include content that is confidential, proprietary or infringes any intellectual property or similar rights, including the copyrights and trademarks of any person or entity. 
• Use foul language in the comment.
• Make derogatory, inflammatory, threatening or harassing comments, including without limitation about the Company, the Blog, or any User, or transmit any information, data, text, files, links, writings, communications or other materials that are or may be, in the Company’s sole discretion, unlawful, harmful, threatening, abusive, harassing, defamatory, profane, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable or discriminatory.
• Embed links to other websites.
• Post promotions or advertisements for any brands, products, services or websites for which you have been, are, or will be compensated, or otherwise use the Blog for self-promotion or any commercial purpose.

12.  Consequences of Breach of these Terms of Use; Monitoring and Enforcement

In the event that the Blog Owner considers or determines, in its complete discretion, that you have breached, violated or contravened the Agreement (as defined below in these Terms of Use) or have otherwise demonstrated inappropriate conduct in the use of the Blog or the content or services, it reserves the absolute right to: (a) warn you that you have violated the Agreement and ask you to discontinue such conduct; (b) discontinue your subscription to the Blog newsletter and your ability to access or download the free Silhouette design files and/or any other related services; (c) take measures to prevent you from using the Blog or linking to the Blog; and (d) take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Blog.

13.  Links on the Blog

If the Blog contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained on Blog pages or in blog posts or in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Blog, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14.  Geographic Restrictions

The owners of the Blog have their operations in the state of California and the Google servers on which your information is stored are located throughout the United States and the world. We make no claims that the Blog or any of its content is accessible or appropriate outside of the United States.  Access to the Blog may not be legal by certain persons or in certain countries.  If you access the Blog from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  

15.  Third Parties

The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement. 

16.  Changes to the Blog

We reserve the right to withdraw or amend this Blog, and any services or material we provide on the Blog, including without limitation any content, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Blog is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Blog, or the entire Blog, to Users. 

Although we generally add new content to the Blog on a regular basis, the Blog’s existing content is not necessarily complete or up-to-date.  Any of the material on the Blog may be out of date at any given time, and we are under no obligation to update such material.  

17.  Information About You and Your Visits to the Blog

All information that we collect on this Blog is subject to our Privacy Statement.  By using the Blog, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement. 

18.  Linking to the Blog and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal, does not damage our reputation, and does not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent. 

This Blog may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Blog.
• Send e-mails or other communications with certain content, or links to certain content, on this Blog.
• Cause limited portions of content on this Blog to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Blog or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Otherwise take any action with respect to the materials on this Blog that is inconsistent with any provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

19.  Governing Law and Jurisdiction

All matters relating to the Blog and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to any choice or conflict of law provision or rule. You and we agree that the appropriate, exclusive and convenient forum for any disputes related hereto shall be in any state or federal court located in the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. YOU AND WE HEREBY IRREVOCABLY WAIVE ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY SUCH COURTS AND TO VENUE IN SUCH COURTS, AND WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION TO ENFORCE OR INTERPRET THE PROVISIONS OF THESE TERMS OF USE.

The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement.

20.  Arbitration

At the Company’s sole discretion, we may require you to submit any disputes arising out of the use of, or relating to, these Terms of Use or the Blog, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration before a sole arbitrator under the Rules of Arbitration of the American Arbitration Association. 

21.  Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE BLOG MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

22.  Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

23.  Entire Agreement

These Terms of Use and our Privacy Statement constitute the sole and entire agreement (the “Agreement”) between you and the Company with respect to the Blog, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Blog.

24.  Your Comments and Concerns

This website is operated by Silhouette School Inc., 523 Capitol Trail, Suite C, Newark, Delaware 19711 (Attn: Ryan Walsh, Registered Agent). 

 All feedback, comments, requests for technical support and other communications relating to the Blog should be directed to the Blog Owner at silhouetteschoolblog@gmail.com.