Designs by Amanda Kate, LLC
Terms of Service
Last updated January 2, 2025
This website is owned and operated by Designs by Amanda Kate, LLC. These Terms set forth the terms and conditions under which you may use our website and our services. This website offers visitors custom rhinestone artistry services. By accessing or using our service website, you approve that you have read, understood, and agree to be bound by these Terms.
To use our website and/or receive our services, you must be at least 18 years of age, or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any applicable law or regulation.
When buying an item or service, you agree that (i) you are responsible for reading the full-service agreement before making a commitment to buy it, (ii) you enter a legally binding contract to purchase an item when you commit to buy a service, and you complete the check-out payment process.
The prices we charge for using our services / for our services are agreed upon via written proposal. We reserve the right to change our prices for services and products displayed at any time and correct pricing errors that may inadvertently occur.
Without prior notice, we may change the services, stop providing the services or any features of the services we offer, or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason or no reason.
Returns: Because the items are custom-created especially for you, ALL SALES ARE FINAL.
Cancellations: You will not incur any charges if you cancel within 24 hours. However, if you cancel after your order has begun, a portion of your deposit will be forfeited, with the specific amount confirmed before your project starts.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Designs by Amanda Kate. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You consent to display the uploaded/transferred content on the website publicly.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services. Notwithstanding anything contrary concerning automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
You agree to indemnify and hold Designs by Amanda Kate harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by applicable law, in no event shall Designs by Amanda Kate be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Designs by Amanda Kate assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any personal information stored therein.
We reserve the right to modify these terms occasionally at our sole discretion. Therefore, you should review these pages periodically. When we materially change the Terms, we will notify you of material changes. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
You agree to receive promotional messages and materials from us by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). Please notify us anytime if you don't want to receive such promotional materials or notices.
These Terms, the rights and remedies provided hereunder, and all claims and disputes related hereto and/or to the services shall be governed by, construed under, and enforced in all respects solely and exclusively under the internal substantive laws of United States, Massachusetts without regard to its conflict of laws principles. All such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Springfield, MA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
DESIGNS BY AMANDA KATE, LLC
1981 Memorial Dr. #242
Chicopee MA 01020
1.413.221.4680