Site Terms

TERMS &  CONDITIONS
Updated May 2018

www.amiebakercreative.com &  www.brightlybranded.com  (the "site" or "website") is owned and operated by Brightly Branded, AMB Design. The following are the General Terms and Conditions of Use set by AMB Design ( "we" or "us"), a Washington corporation.  For the use and access of this site, you and Brightly Branded hereby agree as follows: 
Agreement to Terms The Terms and Conditions of Use are in conjunction with our Privacy Policy. 
Please review our Privacy Policy to better understand our practice. 
Please do not use this site if you do not want to be bound by these Terms and Conditions of Use and Privacy Policy. 
Notice Brightly Branded reserves the right to modify (as we see fit),  these Terms and Conditions of Use without prior notice.  When such modifications are made complete and posted on this site, it will be immediately effective.  Please feel free to periodically check any updates on our Terms and Conditions of Use. After modifications of  The Terms and Conditions of Use are posted online, you are bound to follow the modified Terms and Conditions of Use should you continue to use this site. 
Site Operations  Brightly Branded reserves the right to do the following regarding our website operations:
• discontinue the web site anytime, without prior notice based on our discretion
•discontinue and/or modify any portion of our site you are able to access.  This may be done without prior notice based on our discretion.  Any portion of our site may include, but are not limited to, online services, conduct of business, representation of goods sold, etc.
•discontinue and/ or modify this site in full and/or any portion of, based on our discretion or based on any violation of any applicable law or harmful to the interests of another user of Brightly Branded or its affiliates. Content The "Content", for the purposes of Terms and Conditions of Use, will pertain to the site's text, images (i.e. photographs/pictures, graphics , illustrations, services, etc.), description, data, and other material. We will provide content that is current and accurate to the best of its knowledge.  However, the site's content may contain errors and may be outdated. 
The content provided is for informational purposes only for your potential interest in our products and services.  The content may be modified and/or removed without prior notice based on our discretion.  Therefore, the content is not binding to us in any way. The Site is a collaboration of  content that is protected by copyrights, trademarks, service marks, proprietary right owned by us, and provided by our affiliate(s).  Companies affiliated and/or in conjunction with us also have given permission and/or  licensed their use of content to Brightly Branded. All content in this site are for viewing,  informational, purchase and promotional purposes only. 
You are not permitted to: 
• use, copy, modify, reproduce, transmit, display, publish, sell, license, publicly perform,  distribute or commercially exploit any of the Content, or use data mining, robots, or similar data gathering and extraction tools at the Site.
• use frames or frame techniques to incorporate trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brightly Branded or its affiliates without our express or written consent.
• use any meta tags or any other "hidden text" utilizing  name or trademarks without our express, written consent. If, for any reason, you find the content ( in its entirety/ or partly ) in this site to be offensive, or in violation of  The United States or international copyright laws, please contact: amie@amiebakercreative.com Links This website may contain external links.  These external links lead to, but not limited to third party company sites, vendor sites, affiliate sites, etc.  We DO NOT take any responsibility for any inaccurate content being provided to sites of these external links.  We also DO NOT take responsibility should these external links lead to pages that may contain content that is offensive, or is in any violation of The United States or international copyright laws. 
Forms
This site may contain form(s) for informational and promotional purposes.  You may not submit our forms for:
• any malicious scripting, unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racist, sexist, ethnically objectionable, or any form of unlawful discrimination content.
• any conduct that would constitute any kind of criminal offense Any content you provide to us for the purpose of promoting better service will be reviewed and may be posted.  Furthermore, said content will then be considered property of Brightly Branded and will only be used for the purpose of promoting the business and/or providing better quality products and services for customers. 
Brightly Branded reserves the right to remove/modify any content you provide us without prior notice.  Brightly Branded will not make modifications and will immediately remove, to any content you provide us, that will constitute as any offense, unlawful, hateful, slanderous, harmful, degrading, racist, sexist, ethnically discriminatory content. 
Contact information that is sent through these forms can and will be used to promote and advertise services that we or any of our affiliates offer. By sendingBrightly Branded your email address through these forms, you agree that:
• you are either the owner of the email address or have permission from the owner of the email address to fill out any of the site's forms
• the email address can and will receive emails promoting and advertising the services that we or any of our affiliates provide. When you receive these emails, you may opt out in receiving further emails.
• You are either the owner of the email address or have permission from the owner of the email address to fill out any of the site's forms Brightly Branded reserves the right to perform any legal investigation should any rules under our Terms and Conditions of Use are broken
REFUSAL OF SERVICE
Brightly Branded reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Brightly Branded reserves the right to limit the number of participants in any given online class or workshop or service offering. Brightly Branded may at any time change or discontinue any aspect or feature of the Site or Service.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final, unless otherwise stated in a guarantee.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Amie Baker, Brightly Branded from any claim against Amie Baker, Brightly Branded resulting from your posting of Materials to the site. For all Materials submitted by you to the Site or via email, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
EARNINGS DISCLAIMER
Brightly Branded does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Amie Baker is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Amie Baker, Brightly Branded, has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Amie Baker's cumulative liability to you exceed the total purchase price of the Service you have purchased from Amie Baker, Brightly Branded, and if no purchase has been made by you Amie Baker’s, Brightly Branded, cumulative liability to you shall not exceed $1.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
WAIVER
No waiver of any of the provisions of this Agreement by Brightly Branded shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Amie Baker.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Washington State as applied to contracts that are executed and performed entirely in Washington. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Tacoma, WA. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
DISCLAIMER
Earnings Disclaimer
Every effort has been made to accurately represent this product and its potential. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
Our Minimum Guarantees Unless otherwise noted, all products come with an unconditional 30 day guarantee. If you are dissatisfied for any reason, simply contact customer support and request a full refund of your purchase price. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact amie@brightlybranded.com.BUSINESS NAME AMB DESIGN, BRIGHTLY BRANDED,
CONTACT EMAILamie@brightlybranded.com

Shop Terms

Last Updated: April 22, 2020

Licensee: Individual or Legal Entity (Company), as indicated at the time of purchase.

This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process and/or checking “agree”, Licensee has read the entire License Agreement and agrees to the terms herein, including, without limitation Section 9 (Important General Legal Provisions). This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital content (“Licensed Asset”) made available on BrightlyBranded.com and purchased by Licensee. The receipt will be emailed to you at the account email address Brightly Branded has on file along with a link to this License Agreement; retain this for your records.

1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS) 1.1 - This License Agreement is an agreement between:(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization and(b) Brightly Branded as licensor.If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.1.2 - The number of individual users permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (or seats) selected and paid for at the time of purchase.  

2. ASSET MANAGEMENTLicensee may only upload the Licensed Asset to (i) a server owned and controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.

3. THIS LICENSE AGREEMENT PERMITS BOTH COMMERCIAL USE AND NON-COMMERCIAL USE; COMMERCIAL USE AND NON-COMMERCIAL USE DEFINEDThis License Agreement permits Non-commercial use and Commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations).3.1 - Commercial Use“Commercial” use is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.

4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below. Any End Use for Commercial use must: (i) be significantly different than the original Licensed Asset, (ii) require time, effort, and skill to produce and (iii) not derive its primary value from the Licensed Asset itself. 4.1 - End Products✓ Physical Products for Commercial Use or Non-commercial Use: Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial use or Non-commercial use.✓ Product Packaging for Commercial Use of Non-commercial Use: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, or containers, etc., for Commercial use or Non-commercial use.✓ Digital Products for Commercial Use or Non-Commercial Use: Licensee may create digital end products for resale such as static designs, static website elements for Commercial use or Non-commercial use.✓ Digital or Print Publication for Commercial Use or Non-commercial Use: Licensee may use the Licensed Asset in digital or print publications such as magazines, cards, invitations, photo albums, and scrap books, e-books or e-publications, for Commercial use or Non-commercial use.4.2 - Social Media, Marketing, and Advertisements✓ Personal Social Media for Non-Commercial Use: If applicable (e.g., for an individual), one (1) personal or individual social media accounts for Non-commercial use.✓ Company Social Media for Commercial Use: If applicable (e.g., to a business), one (1) Licensee owned and managed company social media account is allowed for Commercial use. A separate license is required for each social media business account or page.✓ Physical (Printed) Advertisements for Commercial Use in a Local Market: Such as billboards, signage, printed advertisement, etc. for Commercial use in Local Markets. “Local Market” means that all display or distribution of these permitted advertisements must be within a 200 mile radius within the borders of a single nation/country.✓ Digital Advertisements for Commercial Use: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for Commercial use.Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use or Non-commercial use (where Non-commercial use is applicable).4.3 - Broadcast and Streaming of Motion Picture and Audiovisual Content✓ Broadcast and Streaming: Broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand or Streaming of motion picture and /audio visual works, including advertisements, is permitted for Commercial use and Non-commercial use.

5. PROHIBITED USES (these uses may be available with an extended commercial license or custom license, contact Brightly Branded to find out more):5.1 - Copyright Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

6. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:6.1 - ✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.6.2 - ✗ Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).6.3 - ✗ Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.6.4 - ✗ Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;(ii) may create a risk of any other loss or damage to any person or property;(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;(iv) may constitute or contribute to a crime or tort;(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;(viii) contains any information or content that you know is not correct and current; or(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.6.5 - ✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited. 6.6 - ✗ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.

7. SUBLICENSING TO THIRD PARTIES IS PROHIBITED.

8. IMPORTANT GENERAL LEGAL PROVISIONS8.1 - Intellectual PropertyAll digital content available on brightlybranded.com, including, without limitation, the Licensed Asset, is protected by United States and international copyright and other laws and treaties. As between you and Brightly Branded, retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly allowed above), copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee, and Brightly Branded. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.

9 - TerminationBrightly Branded may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Brightly Branded, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to Brightly Branded in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Brightly Branded’s request, Licensee agrees to remove any content from such platform or website.9.3 - AuditUpon reasonable notice, Licensee agrees to provide to Brightly Branded sample copies of projects or end uses that contain Licensed Asset, including by providing Brightly Branded with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Brightly Branded may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Brightly Branded of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Brightly Branded the amount of the underpayment and any other remedies to which Brightly Branded is entitled, you also agree to reimburse Brightly Branded for the costs of conducting the audit.9.5 - Disclaimer of Warranties

LICENSEE’S USE OF THE LICENSED ASSET IS AT LICENSEE’S OWN RISK. THE LICENSED ASSET IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BRIGHTLY BRANDED, AMB DESIGN, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.9.6 - Limitation on LiabilityIN NO EVENT WILL BRIGHTLY BRANDED, AMB DESIGN, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF BRIGHTLY BRANDED, AMB DESIGN, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, EXCEED THE FEES THAT LICENSEE PAID FOR THE LICENSED ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.7 - IndemnificationLicensee agrees to defend, indemnify and hold harmless Brightly Branded, AMB Design, its affiliates, licensors (including, without limitation) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the Licensed Asset in violation of law, rules or regulations, or (iii) use of the Licensed Asset violation of third party rights where such violation is due to the modification of the Licensed Asset.

9.8 - Limitation on Time to File ClaimsTO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED ASSET OR THIS LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.9.9 - Choice of Law and ForumAll matters relating to Licensed Asset and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington and County of Pierce although we retain the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.9.10 - Arbitration AT BRIGHTLY BRANDED’S SOLE DISCRETION, EXCEPT TO THE EXTENT PROHIBITED BY LAW, BRIGHTLY BRANDED MAY REQUIRE LICENSEE TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THE LICENSED ASSET AND THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING WASHINGTON, USA LAW.9.11 - Waiver and SeverabilityNo waiver of by Brightly Branded of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brightly Branded to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.9.12 - Entire AgreementThis License Agreement, together with the Brightly Branded Terms of Use (“Terms of Use”) constitutes the sole and entire agreement between Licensee on and Brightly Branded with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset.9.13 - NoticesAll notices required to be sent to Brightly Branded under this License Agreement should be sent via email to Amie@BrightlyBranded.com All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.9.14 - ModificationsBrightly Branded may modify this License Agreement by posting an updated version on the Brightly Branded website. The then current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees (e.g., via clicking “Agree”) or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) Brightly Branded notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).9.15 - InterpretationUnless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against the drafting party.

10. CANCELLATIONS, REFUNDS & RETURNSAll sales of digital products downloadable upon confirmation of purchase are final, unless otherwise stated in a guarantee. No refunds.

11. PRODUCT DESCRIPTIONWe endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.