Terms and Conditions for The Design Elementary

These terms and conditions ("Agreement") govern your use of The Design Elementary] ("the Course"), which is operated by Design Elementary (TM) ("we", "us", or "our"). By using the Course, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not use the Course.

Use of the Course

The Course is provided solely for educational purposes. You may use the Course only for your own personal and non-commercial use. You may not use the Course for any other purpose, including but not limited to, reproduction, modification, distribution, or commercial exploitation of any part of the Course.

Intellectual Property Rights

The Course, including all materials provided to you as part of the Course, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use the Course or any materials provided to you as part of the Course for any commercial purpose without our prior written consent.

User Content

You may be able to upload content to the Course, such as comments, feedback, or other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you upload to the Course.

By uploading User Content to the Course, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Course and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Code of Conduct

You agree to comply with our code of conduct while using the Course. Specifically, you agree that you will not:

• 
  Use the Course for any unlawful purpose;
• Use the Course to harass, bully, or intimidate other users;
• Upload or share any content that is defamatory, obscene, or otherwise offensive;
• Use the Course to distribute spam, chain letters, or other unsolicited communications;
• Attempt to gain unauthorized access to any part of the Course or to any user accounts;
• Use the Course to distribute malware or other harmful software;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Use the Course to solicit personal information from minors; or
• Violate any other applicable law or regulation.

Termination

We reserve the right to terminate your access to the Course at any time and for any reason, without notice or liability. Upon termination, you must immediately stop using the Course.

Limitation of Liability

In no event will we be liable to you for any indirect, incidental, special, consequential or punitive damages arising out of or relating to these terms or your access to or use of The Design Elementary, whether based on breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage.

Our total liability to you for all claims arising out of or relating to these terms or your access to or use of The Design Elementary is limited to the amount paid by you for The Design Elementary, if any.

Disclaimer of Warranties

The Design Elementary is provided "as is" and without warranty of any kind. We make no representations or warranties of any kind, whether express, implied, statutory or otherwise, with respect to The Design Elementary, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that The Design Elementary will be uninterrupted, error-free, or free of viruses or other harmful components, or that any defects will be corrected.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to any User Content you upload to The Design Elementary, your use of The Design Elementary, or your violation of this Agreement.

Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the State of [State], without giving effect to any principles of conflicts of law. Any action arising out of or relating to this Agreement must be brought in the state or federal courts located in [County], [State], and you irrevocably submit to the exclusive jurisdiction of such courts.

Miscellaneous

This Agreement constitutes the entire agreement between you and us regarding the use of The Design Elementary. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

We may assign or transfer this Agreement, in whole or in part, without restriction.

You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Contact Information

If you have any questions or concerns about this Agreement or The Design Elementary, please contact us at hello@thedesignelementary.com.