1. General

1.1 These terms and conditions (hereinafter referred to as; the “Terms and Conditions”) apply to anyone who visits, views, and/or uses https://www.jenniferhines.design/ (hereinafter referred to as; the "Website"). The terms "You" and "Your" refer to anyone who visits, views, and/or uses this Website.

1.2 Jennifer Hines is a sole proprietorship registered at the Dutch Chamber of Commerce under registration number 87179695.

1.3 By visiting, viewing, and/or using this Website, You accept and agree, without modification, to be bound by, comply with and adhere to these Terms and Conditions, including the disclaimer of this Website (hereinafter referred to as; the "Disclaimer," which You can find here) and the privacy & cookie policy of this Website (hereinafter referred to as; the "Privacy & Cookie Policy," which You can find here) of this Website and incorporated herein by reference.

2. Privacy & Cookie Policy & Disclaimer

2.1 Your acceptance of the Privacy & Cookie Policy is expressly incorporated into these Terms and Conditions.

2.2 Your acceptance of the Disclaimer is expressly incorporated into these Terms and Conditions.

3. Intellectual property rights

3.1 All content on this Website, including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information on the Website (hereinafter collectively referred to as; the "Content") is owned by Jennifer Hines and is protected by trademark, copyright, and other intellectual property laws.

3.2 Without prejudice to clause 6.1, You agree not to copy, print, download, steal, duplicate, modify, publish, post, display, distribute, reproduce, store, transmit, transfer, publish, create derivative works, reverse engineer, sell, rent, license or exploit in any way any part of the Content to anyone, without the prior written consent of Jennifer Hines.

3.3 You agree to abide by and adhere to the copyright, trademark, and other intellectual property rights and laws and shall be solely responsible for any violations of these Terms and Conditions.

4. User content and lawful use of the Website

4.1 For any content and information that You upload, display, post, transmit, send, email, or submit to Jennifer Hines on the Website or on any of Jennifer Hines's social media pages, You represent and warrant that You are the owner of that content and/or information provided by or on behalf of You or have the express permission from the rightful owner of those intellectual property rights to use and distribute that Content to Jennifer Hines.

4.2 You grant Jennifer Hines and anyone else working with or for Jennifer Hines a royalty-free, irrevocable, worldwide, perpetual right and license to identify You, post, publish, reformat, copy, distribute, display, edit, reproduce any Content provided by You on the Website and on any of Jennifer Hines's social media pages for any purpose.

4.3 You are and shall be exclusively liable for any damages relating to and/or resulting from any infringement or violation of copyrights, trademarks, or other proprietary rights of any Content or information that You provide to Jennifer Hines.

4.4 You may use this Website exclusively for lawful purposes. You agree not to post, upload, display, transmit, distribute, send, email, or submit to Jennifer Hines on the Website or on any of Jennifer Hines's social media pages any information that:

(a) is illegal, infringes or violates the rights of third parties;
(b) is defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening; and/or
(c) encourages or advocates conduct that constitutes a criminal offense, giving rise to (civil) liability or otherwise violates any law.

4.5 In addition, You agree not to:

(a) distributes material, including, but not limited to, computer viruses, spyware, any kind of malicious software or any other harmful information, on the Website or on any of Jennifer Hines's social media pages that are actionable by law;
(b) make any attempts to gain unauthorized access to any portion or feature of the Website or on any of Jennifer Hines's social media pages; and/or
(c) send unauthorized or unsolicited material or cause disruption in the operation and/or functionality of the Website or on any of Jennifer Hines's social media pages.

4.6 You shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.

5. Third-party websites

5.1 This Website may contain links or references to third-party websites or resources for Your convenience. Jennifer Hines may serve as an affiliate for some of these third-party websites by offering, promoting, and/or advertising their products and/or services on the Website. Jennifer Hines does not own or control these third-party websites.

5.2 You agree that Jennifer Hines is not responsible or liable for the accuracy, correctness, or completeness of any content or any information presented on these third-party websites and/or resources. You assume any and all risks for visiting and/or using these third-party websites and/or resources, and any and all transactions between You and these third-party websites and/or resources are exclusively between You and the relevant third party. Jennifer Hines shall not be liable for any damages resulting from Your use of these third-party websites or resources.

6. Use of Jennifer Hines's free or paid products

6.1 Jennifer Hines may offer free or paid products and/or services, such as illustrations, letterings, images, designs, courses, workshops, eBooks, programs, and/or other (digital) products and/or services, and/or any other related materials on this Website (hereinafter collectively referred to as; the "Products"). All the Products and Content are protected by copyright pursuant to applicable copyright laws. You are expressly prohibited from copying or storing the Products for other than personal use without the prior written consent of Jennifer Hines.

6.2 You acknowledge and agree that You are not permitted to share, print, download, edit, modify, copy, reproduce, sell, create derivative works of, enhance, reverse engineer, or in any way exploit any Products. You are not permitted by Jennifer Hines to (re)distribute or sell any of the Products, whether free or paid, without the express written consent of Jennifer Hines. You agree to abide by the trademark, copyright, and other intellectual property laws and shall be exclusively responsible for any violations of these Terms and Conditions.

7. Grant of rights

7.1 You grant Jennifer Hines and anyone else working with or for Jennifer Hines a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to edit, reformat, publish, broadcast, distribute, reproduce, sell, live-stream, and/or post Your images, name, videos, recordings, statements, testimonials and reviews (hereinafter referred to as; the "Work") in all forms and media in relation with Jennifer Hines's advertising, promotional, publicity and marketing activities, including, but not limited to, those directed to the public and prospective and existing customers on this Website and other websites, social media channels, newsletters, emails, commercial products, educational and/or course materials, video footage, sales marketing or any other business purpose. Jennifer Hines may display Your geographic location when using the Work. By submitting reviews or testimonials on the Website, email, social media channels, and/or any other medium, You agree and allow Jennifer Hines to freely use those in her advertising, promotional, publicity and marketing activities without any compensation.

7.2 You waive the right to approve, inspect or restrict the use of the Work as described herein.

7.3 You are granting Jennifer Hines a non-exclusive license to use the Work, which means You are free to use and continue using the Work for Your own purposes without any restrictions. Jennifer Hines will maintain Your privacy and personal information in accordance with the Privacy & Cookie Policy.

7.4 You represent and warrant that the Work in no way infringes the privacy rights, intellectual property rights, publicity rights, or any other rights of any third party and does not contain any unlawful, offensive, or obscene material.

8. Release

You and Your heirs, successors, and assignees, hereby release and forever discharge and hold harmless Jennifer Hines, her assignees, licensees, and successors from any and all claims that may arise regarding and/or in relation to the use of the Work, including, but not limited to, claims, lawsuits, debts, dues, expenses, damages, and demands of any kind at law or in equity or under any statute, invasion of privacy, infringement of moral rights, defamation, rights of publicity, copyrights or any other cause related to the use of the Work.

9. No warranties or guarantees

9.1 All Content, including, but not limited to, the products and services, are provided on an "as is" and "as available" basis without any representations, warranties, and/or guarantees of any kind, whether express, implied, or otherwise, including, but not limited to, (express or implied) warranties of fitness for any purpose to the extent permissible by law.

9.2 Jennifer Hines makes no representations or warranties as to any Content. You accept that no specific results are being guaranteed or promised in any way to You by Jennifer Hines.

9.3 Jennifer Hines makes no warranties that the Website will perform or operate to meet Your requirements or that the information presented on the Website is or will be true, accurate, complete, current, and/or error-free.

9.4 Jennifer Hines disclaims all warranties and guarantees, implied or express, for any purpose to the full extent permitted by law.

10. Limitation of liability

10.1 You agree that under no circumstances Jennifer Hines and anyone else working with or for Jennifer Hines shall be liable for any direct, indirect, consequential, incidental, equitable, special, punitive, exemplary or any other damages, losses or injuries resulting from Your visit to or use of this Website, including, but not limited to, all the Content.

10.2 You explicitly agree that Your visit to and use of the Website is at Your exclusive risk and that You are exclusively responsible for the accuracy and correctness of the personal and other information You provide, the outcome of Your actions, Your results, and for all other use in connection with the Website.

10.3 You expressly agree that Jennifer Hines and anyone else working with or for Jennifer Hines shall not be liable to You for any damages resulting from:

(a) any errors or omissions on the Website, interruption in operation and Your use of the Website, failure of performance of any kind, website attacks, including, but not limited to, viruses, malware, malicious code, hacking of information, and any other system failures;
(b) any loss of income, revenue, profits, use, data, business, and/or any goodwill related to the Website;
(c) any theft and/or unauthorized access by any third party of Your information from the Website, regardless of Jennifer Hines's negligence; and
(d) any use or misuse of any Content.

11. Indemnification

11.1 You agree to indemnify and hold Jennifer Hines and/or anyone else working with or for Jennifer Hines harmless from all damages, losses, claims, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees (hereinafter referred to as; the "Liabilities") assessed against or otherwise incurred by You arising, in whole or in part, from:

(a) actions and/or omissions, whether done negligently or otherwise, by You, Your agents, directors, officers, employees, and/or representatives;
(b) any and all Your actions and use of the Website, including, but not limited to, the Content;
(c) violation of any laws, regulations, rules, or ordinances by You;
(d) violation of any provisions of the Terms and Conditions by You or anyone related to You; and/or
(e) infringement by You of any intellectual property rights or other rights of third parties.

11.2 Jennifer Hines will notify You as soon as reasonably possible of any such claims, damage, and/or liability. Jennifer Hines reserves the right to defend such claim, damage, and/or liability at Your expense. You shall fully cooperate and provide assistance to Jennifer Hines, if requested, without any cost, to defend any such claims.

12. Refunds

12.1 Any and all sales of products and/or services on or via this Website are final. You are not entitled to refunds, returns, or exchanges. Failure to use a product and/or service You purchased from Jennifer Hines does not entitle You to refuse payment of any associated costs and/or charges.

13. Severability

13.1 If any of the provisions of the Terms and Conditions is held by a court of law, tribunal, or regulatory authority to be invalid or unenforceable, such provision is deemed to have been omitted from these Terms and Conditions. All other provisions of the Terms and Conditions remain in full force and effect.

13.2 If any of the provisions of the Terms and Conditions is held to be unenforceable, then the unenforceable provision shall be construed in compliance with applicable law in a light most favorable to the original intention of such provision. If the unenforceable provision of these Terms and Conditions is found by a competent court of law, tribunal, or regulatory authority to be contrary to law, then it shall be changed and interpreted to best reflect the original intention of such provision.

14. Termination

Jennifer Hines reserves the right to refuse, remove, restrict Your access to the Website and/or revoke and/or terminate Your use of the Website, the Contents and/or the Products, for whatever reason, at any time, without notice.

15. Amendments

15.1 Jennifer Hines reserves the right to amend and modify these Terms and Conditions at her sole discretion at any time without notice.

15.2 By visiting, viewing, and/or using this Website, You accept those amendments. Your continued use of the Website after the publication of any changes to these Terms and Conditions constitutes Your acceptance of those changes and/or updates.

15.3 It is Your responsibility to regularly check the Website for updates and/or amendments. You must not visit and/or use the Website if You do not wish to be bound by or adhere to these Terms and Conditions.

All rights not explicitly granted in these Terms and Conditions are reserved by Jennifer Hines.

17. Governing law & arbitration

17.1 You explicitly waive any legal claims You may have now or in the future arising from or related to the Website and the products and/or services provided on this Website. In the event of a claim, dispute, or controversy arising from or relating to Your visit to, view of, or use of this Website, the Terms and Conditions shall be construed in accordance with the laws of the Netherlands.

17.2 All disputes arising in connection with these Terms and Conditions, the Disclaimer, the Privacy & Cookie Policy, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (NAI). The place of arbitration shall be Amsterdam (the Netherlands). The proceedings shall be conducted in the English language.

17.3 You agree to bear and pay Jennifer Hines for the full cost of the legal proceedings, including, but not limited to, the attorney's costs, to the extent permitted by law.

18. Contact

For any questions and/or concerns regarding these Terms and Conditions, the Privacy and/or the Disclaimer, please contact Jennifer Hines at jennifer@jenniferhines.design.