Welcome to A Jolly Creative (“we,” “us,” or “our”), a blog website accessible at ajollycreative.com. By accessing or using our website, you (“you” or “user”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our website. These Terms are governed by the laws of the State of New York, United States.
1. Acceptance of Terms
By accessing or using A Jolly Creative, you agree to comply with and be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective upon posting to the website, and your continued use of the website constitutes acceptance of those changes.
2. Use of the Website
Eligibility
You must be at least 13 years old to use our website. By using A Jolly Creative, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
Permitted Use
A Jolly Creative provides content, including drawing tutorials, creative prompts, and art-related resources, for personal, non-commercial use only. You may not use the website or its content for any commercial purpose without our prior written consent.
Prohibited Conduct
You agree not to:
- Use the website in any way that violates applicable federal, state, or local laws, including those of New York, United States.
- Copy, reproduce, distribute, or create derivative works from our content without express permission.
- Engage in any activity that disrupts, damages, or interferes with the website’s functionality or security.
- Attempt to gain unauthorized access to any part of the website or its systems.
- Use automated systems (e.g., bots, scripts) to access or scrape content from the website.
3. Intellectual Property
All content on A Jolly Creative, including but not limited to text, images, tutorials, and designs, is owned by A Jolly Creative or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission, except for personal, non-commercial use as permitted by law.
If you believe any content on our website infringes your copyright, please contact us at ajollycreative@gmail.com with a detailed description of the alleged infringement, in accordance with the Digital Millennium Copyright Act (DMCA).
4. User-Generated Content
If you submit comments, feedback, or other content to A Jolly Creative (e.g., via email or website interactions), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content for purposes related to operating and promoting the website. You represent that any content you submit does not violate any third-party rights or applicable laws.
5. Third-Party Links
Our website may contain links to third-party websites or resources. These links are provided for your convenience, and A Jolly Creative is not responsible for the content, availability, or practices of these third-party sites. Accessing such links is at your own risk, and we encourage you to review the terms and privacy policies of any third-party websites.
6. Disclaimer of Warranties
A Jolly Creative is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the website’s availability, accuracy, or fitness for a particular purpose. We do not guarantee that the website will be uninterrupted, error-free, or free from viruses or other harmful components.
7. Limitation of Liability
To the fullest extent permitted by law, A Jolly Creative, its affiliates, and its contributors shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the website or reliance on its content. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.
In jurisdictions that do not allow the exclusion of certain warranties or limitations of liability, our liability shall be limited to the maximum extent permitted by New York law.
8. Indemnification
You agree to indemnify and hold harmless A Jolly Creative, its affiliates, and its contributors from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the website, violation of these Terms, or infringement of any third-party rights.
9. Termination
We reserve the right to suspend or terminate your access to A Jolly Creative at our sole discretion, without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to access or use the website will cease immediately.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.
11. Contact Information
If you have any questions, concerns, or feedback regarding these Terms, please contact us.
12. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and A Jolly Creative regarding your use of the website.
- No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Thank you for using A Jolly Creative. We’re excited to support your creative journey!