Terms of Service
PLEASE NOTE:
The term Service in the following contents is used to refer to KeZoor or other Garlic D’zign Products or Services to include Garlic Press Publishing, any and all websites owned and operated by Deborah Kunzie and assigns.
By using the KeZoor web site, content management system, or other services related to Garlic D’zign/KeZoor LLC, and Garlic Press Publishing you are agreeing to be bound by the following terms and conditions (Terms of Service).
Garlic D’zign reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.garlicdzign.com/kezoor/content/terms/
Violation of any of the terms below will result in the termination of your Account. While Garlic D’zign prohibits such conduct and Content on the Service, you understand and agree that Garlic D’zign cannot and will not be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
1. You must be a responsible paying customer to use this Service. In other words – invoices must be paid prior to services rendered and paid on time. If for some reason payment is not received Garlic D’zign reserves the right to remove your website and/or ebook from the internet until such time the bill is paid in full.
2. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
5. You are responsible for maintaining the security of your account and password. Garlic D’zign cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (web site)(even when Content is posted by others who have accounts under your account). Any posts made by Deborah Kunzie under mutual agreement shall be edited in full and Garlic D’zign, Deborah Kunzie and assignees will not be held responsible if content is incorrect.
7. No Adult sites or sites we feel threatening to any other Human or Animal is allowed. Kezoor, Garlic D’zign, Garlic Press and Deborah Kunzie reserve sole right to determine offensive content and remove said content.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Misrepresenting yourself in any website under this agreement shall be the sole responsibility of website owner. Kezoor, Garlic D’zign, Garlic Press and Deborah Kunzie and all assignees shall be held harmless from any lawsuit, litigation or argument.
9. Garlic D’zign has the right to refuse service to anyone or any company as deemed appropriate by Deborah Kunzie and at her sole discretion. This includes Kezoor software, services of Garlic D’zign, Garlic Press and Deborah Kunzie.
Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card is required for paying accounts. Checks and Money Orders are permitted as is the use of Paypal.
2. If you initially sign up for an account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
3.You will be billed for your first month immediately upon approval or acceptance as a new client.
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. There will be no refunds for hourly work, nor credit if work is completed in less than time paid. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, including United States (federal or state) taxes.
6. For any other service provided by Garlic D’zign, the credit card that you provide will automatically be charged. Invoices are sent via our Accounting Program Freshbooks by email.
7. Not paying for your Service may cause the loss of Content, features, or capacity of your Account. Garlic D’zign does not accept any liability for the consequences of such loss.
Cancellation and Termination
1. You are solely responsible for properly canceling your account. An email request sent to garlicdzign@gmail.com to cancel your account is considered cancellation.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Garlic D’zign, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Garlic D’zign service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Garlic D’zign reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Garlic D’zign reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Service (or any part thereof) offered with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
3. Garlic D’zign shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
2. Garlic D’zign does not pre-screen Content, but Garlic D’zign and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright ©2004-2010 Garlic D’zign/KeZoor, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS/Coding or visual design elements without express written permission from Garlic D’zign.
4. Payment for a service with Garlic D’zign, Garlic Press, Kezoor or Deborah Kunzie is for an end product. This payment in no way applies to the coding or programming involved with this service. All coding, programming and designing is proprietary property and not subject to relinquish. Garlic D’zign, Garlic Press, Kezoor and Deborah Kunzie have complete and total rights to all coding and programming involved without reservation and without waiver. If a client in any way demands such ‘trade secrets’ Deborah Kunzie as proprietor of all said companies and representative of all employees, and assignees reserves the right to dismiss any client without refund and/or recompense.
General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and their assigned and designated employees and is only available via email, or our online documents and tutorials.
3. You understand that Garlic D’zign may, at their sole discretion and judgement, use third party vendors and partners to provide the necessary hardware, software, networking, storage, and related technology or content required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Garlic D’zign, or any other Garlic D’zign service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Garlic D’zign.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution), and/or unwarranted repetitive calling or emailing of any Garlic D’zign customer, employee, member, or officer will result in immediate account termination.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 15 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by Garlic D’zign) we reserve the right to immediately increase the monthly fee. (Customer will be notified in advance)
12. You expressly understand and agree that Garlic D’zign shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Garlic D’zign has been advised of the possibility of such damages).
13. Any perceived or actual litigation brought against Garlic D’zign, Garlic Press, Kezoor, Deborah Kunzie or any employees, partners, designees, or assignees shall be subject to Florida law. Any and all attorneys fees, assistant fees, court fees, travel fees, loss of wages, loss of time, loss of profits or loss of business will be paid by the litigator.
14. The failure of Garlic D’zign to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision at any time. The Terms of Service constitutes the entire agreement between you and Garlic D’zign and govern your use of the Service.
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