Terms of Service

Introduction

Welcome to DanielleSmallwood.com! By accessing or using our website and services, you agree to comply with and be bound by the following Terms of Service. Please read these terms carefully before using our site. If you do not agree to these terms, you should not use our website or services.

Definitions

“We,” “us,” “our,” refers to DanielleSmallwood.com.
“You,” “your,” refers to the user or client accessing our website or services.
“Services” refers to the graphic design, photography, and website design services offered by DanielleSmallwood.com.

Use of Our Website

Eligibility

You must be at least 18 years old to use our website and services. By using our site, you represent and warrant that you meet this age requirement.

Account Responsibility

You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to accept responsibility for all activities that occur under your account.

Prohibited Uses

You agree not to use our website or services for any unlawful purpose or any purpose prohibited by these Terms of Service, including but not limited to:

Violating any applicable laws or regulations.
Infringing upon or violating our intellectual property rights or the rights of others.
Harassing, abusing, or harming another person.
Uploading or transmitting viruses or any other type of malicious code.

Services

Project Scope and Changes

The scope of work for each project will be outlined in a separate agreement. Any changes to the project scope may result in additional fees and an adjusted timeline.

Payment Terms

Payment terms, including the amount and schedule, will be agreed upon in writing before the start of any project. We do not collect billing information through our website. All payments should be made through the agreed-upon method.

Client Responsibilities

You agree to provide all necessary information and materials needed to complete your project. Failure to provide this information may result in delays or additional charges.

Intellectual Property

Ownership

All materials created by us, including designs, photographs, and websites, remain our intellectual property until full payment is received. Upon full payment, you will be granted a non-exclusive, non-transferable license to use the materials for their intended purpose.

Usage Rights

You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the services or materials provided by us without express written permission.

Confidentiality

Both parties agree to keep confidential any proprietary or confidential information received from the other party. This obligation of confidentiality will survive the termination of this agreement.

Limitation of Liability

To the maximum extent permitted by law, DanielleSmallwood.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

Your use of our services.
Any unauthorized access to or use of our servers and/or any personal information stored therein.
Any interruption or cessation of transmission to or from our services.

Indemnification

You agree to indemnify, defend, and hold harmless DanielleSmallwood.com and its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your use of our services, or your violation of any law or the rights of a third party.

Termination

We reserve the right to terminate or suspend your account and access to our services at our sole discretion, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users of our website, us, or third parties, or for any other reason.

Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state where our business is registered, without regard to its conflict of law provisions.

Changes to Terms of Service

We reserve the right to update or modify these Terms of Service at any time without prior notice. Your continued use of the website and our services after any changes indicates your acceptance of the new Terms of Service.