Website Terms of use
(Updates to policies and terms of use applied 7/5/2024 to add Debora Nash Designs and remove Portraits of Elegance, POEFASHION, Portraits of Elegance Fashion, Portraits of Elegance Fine Arts. Some items have been updated for the new website build.)
Refund Policy
Returns
Our policy lasts 15 days. If 15 days have passed since your purchase's delivery, unfortunately, we can’t offer you a refund or exchange.
(The very best thing to do is to speak with us. Debora Nash Designs is not here to take your money and run. We want you to be happy with your purchase. Each customer is valued, and a solution is available. All it takes is a conversation.)
To be eligible for an exchange or store credit, your item must be unused and in the same condition you received it. It must also be in the original packaging and have the original shipping label on the shipping envelope or container. You must have an approved RMA number before returning any items. It will not be accepted if an item is sent to us without a preapproved #RMA.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers, or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, customized goods, or flammable liquids or gases.
Additional non-returnable items:
Gift cards
Downloadable software products
Some intimate or personal care items
To complete your return for exchange or store credit, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
If you purchase a "Promotional Sale," "Custom Made," or "Wholesale item," there are no returns, refunds, or exchanges.
Any item not in its original condition or damaged or missing parts for reasons other than our error will not be eligible for a refund, return, or exchange.
Any item returned more than 15 days after delivery will not be accepted.
Store Credit (if applicable)
Once we receive, inspect, and approve your return, we will email you to notify you that we have received your returned item and to let you know whether your refund, exchange, or store credit has been approved or rejected.
If approved, store credit will be emailed to you and can be applied to your next purchase. If approved, a refund will be refunded to the original payment source that made the purchase. No refunds will be given in cash or money orders for online orders.
If you have any questions, please get in touch with us. We will respond within 24-48 hours.
Sale items (if applicable)
Only regular-priced items may be returned for exchange or store credit with an approved RMA#. Unfortunately, promotional sale items cannot. Contact us immediately, and we will discuss the issue to find a suitable resolution.
Exchanges (if applicable)
We only replace items if they are defective or damaged by the manufacturer. If you need to exchange the item for a different size due to the incorrect manufacturer-listed sizing, email us on our Contact page with the sizing issue and a copy of your purchase receipt, and we will proceed from there with information on each case.
Shipping
To return your product after contacting us for an approved RMA#, you should mail your product(s) to Debora Nash Designs, Attention: Debora Nash, PO BOX 33, Bumpus Mills, TN 37028, United States, including a printout of the return information with the approved RMA# from us.
You will be responsible for the shipping costs to return your item. Shipping costs are non-refundable.
Depending on where you live, the time it may take for your exchanged product to reach you or us may vary.
If shipping an item valued over $50, you must use a traceable shipping service and purchase shipping insurance. We don’t guarantee that we will receive your returned item.
Debora Nash Designs reserves the right to amend the policy terms without prior notice.
___________________________________________________________
Privacy Policy
Debora Nash Designs ("us," "we,” or "our") operates within the Debora Nash Designs website (the "Service").
This page informs you of our policies regarding collecting, using, and disclosing personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. You agree to collect and use information per this policy by using the Service. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from Debora Nash Designs or any website that we own and display for your convenience.
Definitions
Service
Service is the Debora Nash Designs website operated by Debora Nash Designs or any site we have on display.
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically, either generated by the Service or from the Service infrastructure (for example, the duration of a page visit).
Cookies
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and how any personal information is, or is to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers to process your data more effectively.
Data Subject (or User) Data Subject is any living individual using our Service and is the subject of Personal Data.
Information Collection And Use
We collect various types of information to provide and improve our Service.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
We may use your data to contact you through newsletters, marketing or promotional materials, and other information that may interest you. You may opt out of receiving any or all of these communications from us by following the unsubscribe link or instructions in any email we send or by contacting us.
Usage Data
We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Location Data
We may use and store information about your location ("Location Data") that you provide to us. We use this data to provide features of our Service, improve our service, and customize our Service.
You can enable or disable location services using our Service anytime through your device settings.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity of our service and hold certain information.
Cookies are files with a small amount of data that may include an anonymous unique identifier. They are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may be unable to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Debora Nash Designs website, operated by Debora Nash Designs or any site we own and have on display, uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent, and address technical issues
To provide you with news, special offers, and general information about other goods, services, and events that we offer similar to those you have already purchased or enquired about unless you have opted not to receive such information.
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Debora Nash Designs website operated by Debora Nash Designs, or any site we own and have on display, the legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
Debora Nash Designs website operated by Debora Nash Designs or any site we own and have on display may process your Personal Data because:
We need to perform a contract with you
You have permitted us to do so
The processing is in our legitimate interests, and your rights do not override it
For payment processing purposes
To comply with the law
Retention of Data
Debora Nash Designs website operated by Debora Nash Designs or any site we own and have on display will retain your Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Debora Nash Designs website operated by Debora Nash Designs or any site we own on display will also retain Usage Data for internal analysis. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for more extended periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to - and maintained on - computers outside your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Your consent to this Privacy Policy and submission of such information represents your agreement to that transfer. Debora Nash Designs website operated by Debora Nash Designs or any site we own and have on display will take all steps reasonably necessary to ensure that your data is treated securely and per this Privacy Policy, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure Of Data
Business Transaction
If the Debora Nash Designs website operated by Debora Nash Designs or any site we own and have on display is involved in a merger, acquisition, or asset sale, your Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Disclosure for Law Enforcement
Under certain circumstances, Debora Nash Designs or any site we own and have on display may be required to disclose your Data if required by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Legal Requirements
Debora Nash Designs website operated by Debora Nash Designs or any site we own and have on display may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Debora Nash Designs website operated by Debora Nash Designs or any site we own and have on display.
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security Of Data
We value your data's security, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
"Do Not Track" Signals
We do not support Do Not Track ("DNT"), a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting your web browser's Preferences or Settings page.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a European Economic Area (EEA) resident, you have certain data protection rights. Debora Nash Designs website, operated by Debora Nash Designs or any site we own and have on display, aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
Don't hesitate to contact us if you wish to be informed about what Personal Data we hold about you and if you want it removed from our systems.
In certain circumstances, you have the following data protection rights:
The right to access, update, or delete the information we have on you. You can access, update, or request the deletion of your Personal Data directly within your account settings section whenever possible. If you cannot perform these actions yourself, don't hesitate to contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent when the Debora Nash Designs website operated by Debora Nash Designs or any site we own and have on display relies on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, don't hesitate to contact your local data protection authority in the European Economic Area (EEA).
Service Providers
We may employ third-party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services, or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.
You can opt out of having your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information about your visit activity with Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy
Behavioral Remarketing
Debora Nash Designs website, operated by Debora Nash Designs or any site we own and have on display, uses remarketing services to advertise on third party websites to you after you visit our Service. We and our third-party vendors use cookies to inform, optimize, and serve ads based on your past visits to our Service.
Google AdWords
Google Inc. provides Google AdWords remarketing service.
You can opt out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on allows visitors to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Facebook
Facebook Inc. provides a Facebook remarketing service.
You can learn more about interest-based advertising from Facebook by visiting this: https://www.facebook.com/help/164968693837950.
To opt out of Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Payments
We may provide paid products or services within the Service. In that case, we use third-party payment processing services (e.g., payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, a joint effort of brands like Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
PayPal, Google Pay, Amazon Pay, Shop Pay (formerly Shopify Pay), and other verified payment companies
Please visit the payment provider’s website to view their privacy policy.
Links To Other Sites
Our Service may contain links to other sites that we do not operate. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review every site's privacy policy.
We have no control over and assume no responsibility for the content of third-party sites or services, privacy policies, or practices.
Children's Privacy
Our Service does not address anyone under 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under 18. If you are a parent or guardian and know that your Children have provided us with Personal Data, don't hesitate to contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers. Children are the most precious gifts, and we never direct or collect information about children or children.
Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will notify you via email or a prominent notice on our Service before the change becomes effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when posted on this page.
If you are located in California, United States, and have any issue with our privacy policies, website policies, or terms. Please refrain from using our websites or services. Our policies apply to California the same way they do to the world. Everyone is treated equally in terms of our respect and law guidelines. We make no exception for anyone outside of the policies stated here.
Contact Us
If you have any questions about this Privacy Policy, don't hesitate to get in touch with us:
By emailing us on the Contact page.
This PRIVACY POLICY Was Produced Using AutoWebLaw and may not be copied, redistributed, or altered by anyone outside of Debora Nash Designs.
_____________________________________________________________
WEBSITE TERMS OF USE
If you disagree with the Terms of Use, discontinue using the site immediately!
Using this site, you signify your Assent and Agreement to these Terms of Use. Do not use the site if you disagree with these Terms of Use.
Restrictions on the Use of Materials
Materials on this website are Copyrighted, and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by the US and International Copyright Laws and may not be copied, reprinted, published, re-engineered, translated, hosted, or otherwise distributed without explicit permission. All of the trademarks on this site are of Debora Nash Designs websites operated by Debora Nash Designs or any site we own and have on display. Any information or imagery from others outside of Debora Nash Designs is only used with expressed permission.
Database Ownership, License, and Use
Debora Nash Designs warrants, and you accept, that Debora Nash Designs owns the copyright of the Databases of Links to articles and resources available occasionally through Debora Nash Designs. Debora Nash Designs and its contributors reserve all rights, and this agreement confers no intellectual property rights.
Debora Nash Designs grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing or extracting information to the extent described below.
You agree to use information obtained from Debora Nash Designs databases only for your private use or the internal purposes of your home or business, provided that is not the selling or broking of information and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, on an occasional limited basis, you may download or print out individual pages of information that have been individually selected to meet a specific, identifiable need for information that is for your personal use only or is for use in your business only internally, on a confidential basis. You may make a limited number of duplicates of any output in machine-readable or hard copy form as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory, or hard copy publication of or from the databases, whether for internal or external distribution or use.
Liability
The materials on this site are provided "as is" and without warranties, either express or implied. Debora Nash Designs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Debora Nash Designs does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. Debora Nash Designs does not warrant or make any representations regarding the use or the results of the use of the materials on this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Debora Nash Designs assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall Debora Nash Designs be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, even if Debora Nash Designs or a Debora Nash Designs authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event shall Debora Nash Designs bear total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information on this website are believed to be accurate when placed on the website. Changes may be made at any time without prior notice. All data provided on this website will be used for information purposes only. The information on this website and its pages is not intended to provide specific legal, financial, or tax advice or any other advice for any individual or company and should not be relied upon. The services described on this website are only offered in jurisdictions that may be legally offered. Information provided on our website is not all-inclusive. It is limited to information available to Debora Nash Designs, and such information should not be relied upon as all-inclusive or accurate.
Links and Marks
The site's owner is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only; you can access them at your own risk. Links to other websites or references to products, services, or publications other than those of Debora Nash Designs and its subsidiaries and affiliates at this website do not imply the endorsement or approval of such websites, products, services, or publications by Debora Nash Designs or its subsidiaries and affiliates.
Specific names, graphics, logos, icons, designs, words, titles, or phrases on this website may constitute trade names, trademarks, or service marks of Debora Nash Designs or other entities. The display of trademarks on this website does not imply a license has been granted. Any unauthorized downloading, re-transmission, copying, or modification of trademarks or the contents herein may violate federal common law trademark or copyright laws. It could subject the copier to legal action.
Confidentiality of Codes, Passwords, and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password that you may have received from Debora Nash Designs and all information to which you have access through password-protected areas of Debora Nash Designs websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to Debora Nash Designs. Debora Nash Designs reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the publication date. Each access to information from Debora Nash Designs will be a separate, discrete transaction based on the then-prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without Debora Nash’s written consent.
These Terms of Use shall be governed by, construed, and enforced per the laws of Tennessee, United States, as they apply to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have violated or threatened to violate Debora Nash Designs or its affiliates' intellectual property rights, Debora Nash Designs or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee, United States. You consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree first to try to resolve it with the help of a mutually agreed-upon mediator in the following location: Sumner County, Tennessee, US. Any costs and fees other than attorney fees associated with the mediation will be the full responsibility of the client (you).
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Sumner County Tennessee Courthouse, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or part, the remaining provisions shall not be affected.
Termination
These Terms of Use agreements are practical until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from all Debora Nash Designs site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Debora Nash Designs' sole discretion should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and all other Debora Nash Designs site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
This WEBSITE TERMS OF USE Was Produced Using AutoWebLaw
Subscription Agreement:
BEFORE YOU CLICK ON THE "I AGREE" CHECK BOX, PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY CLICKING ON THE "I AGREE" CHECK BOX, YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
Subscriber Agreement
Debora Nash Designs provides the Website at Debora Nash Designs ("Site"). Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "Debora Nash Designs," "we," "us'" or "our" refers to Debora Nash Designs, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to using the publicly available website that Debora Nash Designs maintains.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a particular username and password per Debora Nash Designs username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions you, or any other user that accesses the Site using your username and password, at or through the Site, will be attributed to and legally bind you, even concerning acts for which the user had no authority or made an error. You assume all resulting liability from the use of the Site and any services available on it by you or others using your username or password. If you lose your username or password, don't hesitate to contact us.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site. Your subscription will continue and renew automatically unless terminated by Debora Nash Designs or until you notify Debora Nash Designs by email or as designated on the Site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to Debora Nash Designs at the start of the annual, monthly, or similar period, and the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees incurred with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees are non-refundable. Debora Nash Designs may change the fees then in effect or add new fees or charges by giving you notice in advance. All fees incurred with your Debora Nash Designs username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Debora Nash Designs. If you want to designate a different card with a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without authorization, you may email us on our Contact page. You are also responsible for any fees or charges for accessing the Site through an Internet service provider or other third-party services. YOU WILL NOT HOLD DEBORANASHDESIGNS.com LIABLE, AND YOU ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WAS NOT AUTHORIZED BY YOU. You agree to take full responsibility and fully relieve Debora Nash Designs or Debora Nash of all liability from fraudulent charges brought by an unauthorized third party using your name, address, credit card information, or any information they used to make those purchases.
3. Privacy
Our Privacy Notice is a part of this Agreement, and its terms are incorporated herein by this reference. Please read it now at the link on our site.
4. User Conduct
The Site may contain bulletin board services, news groups, forums, and other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting, or transmitting through Debora Nash Designs any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content comprising or containing software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Debora Nash Designs nor its affiliates, nor any of their officers, directors, employees, or agents. You acknowledge that Debora Nash Designs does not pre-screen all content but that Debora Nash Designs and its designees shall have the right (but not the obligation) at their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the preceding, Debora Nash Designs and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that Debora Nash Designs is not responsible for any content sent using or included in the Site by any third party.
5. Copyright and Restrictions
This Website contains proprietary material of Debora Nash Designs (or material other suppliers have licensed to Portraits of Elegance.com for their use), protected by copyright and other laws respecting proprietary rights. Debora Nash Designs retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Debora Nash Designs except as expressly permitted under this Agreement and U.S. copyright laws. Any routine or systematic redistribution of any portion of the products licensed herein is prohibited.
End users duly authorized may Access Debora Nash Designs for individual use, i.e., view the information on the screen, download small portions of the information to a computer disk for personal convenience and later reference, and print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Debora Nash Designs. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained therein) is highly proprietary and that unauthorized copying, transfer, or use may cause Debora Nash Designs or Debora Nash Designs suppliers irreparable injury that cannot be adequately compensated for through monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Debora Nash Designs or any of Debora Nash Designs' suppliers through equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site, in any manner whatsoever that may infringe any copyright or proprietary interest of Debora Nash Designs; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Debora Nash Designs.
If you breach any provision of this Agreement, Debora Nash Designs may immediately terminate this Agreement and all licenses granted hereunder without prior notice, in addition to any other available rights and remedies.
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler, and Teleport-Pro) or other applications capable of copying large portions of content from the Site. Debora Nash Designs can detect the use of these systems through live log file analysis and will ban any future use by offenders.
b. Use robots and crawlers or similar technology without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We can detect robots violating the guidelines and ban any offenders. Using a robot/crawler to check Debora Nash Designs links must operate according to the robot guidelines (see above). Do not leave new robots unattended; allow a minimum of 1 minute between automated requests.
c. Use any device, software routine, or the like to interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
f. Access the Site by any means other than through the interface that Debora Nash Designs or attempts to provide or access any area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble, or otherwise attempt to discover any source code relating to the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content compiled by Debora Nash Designs. While we use commercially reasonable efforts to provide accurate information, Debora Nash Designs gives no warranty as to the accuracy of the database and other content on the Site. Debora Nash Designs reserves the right to withdraw or delete information or content from the Site at any time.
8. Links to Third Party Sites
Debora Nash Designs does not endorse the content on any third-party Web site, including Web sites of Debora Nash Designs affiliates ("Third-Party Sites"). Debora Nash Designs is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction you conduct at a Third-Party site will be between you and the party providing that site. This means that Debora Nash Designs is not your agent or a party to any transaction at a Third-Party Site.
9. Representations and Warranties
You represent and warrant to Debora Nash Designs that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY Debora Nash Designs AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND. Debora Nash Designs AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE preceding, Debora Nash Designs DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL Debora Nash Designs OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF DeboraNashDesigns.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Debora Nash Designs OR ANY OF ITS AFFILIATES BE LIABLE TO YOU or ANY AGENCY FOR ANY AMOUNT AT OR ABOVE THE TOTAL DOLLAR AMOUNT RECEIVED BY Debora Nash Designs FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR BEFORE YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless and pay our attorney's fees and costs if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in non-electronic writing and signed by an authorized representative of Debora Nash Designs.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing." For example, we may send you notices via postings at the Site or via email to any email you provide during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee. Notice will be deemed given 24 hours after the email is sent unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
16. Termination
Debora Nash Designs may terminate your subscription or access, or suspend access to all or part of the Site, without notice, for any conduct that Debora Nash Designs, in its sole discretion, believes violates this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Debora Nash Designs. Debora Nash Designs may also elect not to renew your subscription and access by providing a notice of non-renewal before your current subscription term ends. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement without the consent of an authorized representative of Debora Nash Designs in a non-electronic record, and any assignment without Debora Nash Designs' consent will be voidable at Debora Nash Designs' option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Tennessee, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate Debora Nash Designs or its affiliates' intellectual property rights, Debora Nash Designs or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree first to try to resolve it with the help of a mutually agreed-upon mediator in the following location: Stewart County, Tennessee, US. Any costs and fees, along with attorney fees associated with the mediation, will be paid in full by you.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Stewart County, Tennessee, Courthouse, US, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
You will pay in full any costs, attorney's fees, or fees related to any form of arbitration. You will not hold Debora Nash Designs or Debora Nash financially responsible for any legal fees for any form of arbitration you may bring forth.
19. Amendments
Debora Nash Designs may change the provisions of this Agreement. When Debora Nash Designs changes the terms of this Agreement, Debora Nash Designs will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access anytime. You already agreed to be bound by the changes when you first subscribed to the site. If you disagree with being bound by the changes, you should not use the Site again and cancel your subscription. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between them. Debora Nash Designs may waive no term of this Agreement except in signed, non-electronic writing signed by an authorized representative of Debora Nash Designs.
21. General
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act concerning a breach by you or others does not waive our right to act against subsequent or similar breaches. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Debora Nash Designs, Debora Nash, or its affiliates as a result of this Agreement or your use of the Site.
This Subscriber Agreement Was Produced Using AutoWebLaw
_____________________________________________________________
Shipping Policy
Since some listed items come directly from the manufacturer, shipping times will vary from manufacturer to manufacturer, and we cannot specify an exact shipping time frame. Please allow time for the product to be delivered if it is from one of the outside manufacturers.
Items that are handmade here at Debora Nash Designs’ in-house shop will be shipped as soon as they are created, or if they are in stock, they will be shipped out immediately with a tracking number.
You will be informed of the approximate delivery time at the time of shipping, or if the item(s) are available for immediate shipping, you will receive shipping information and a tracking number. All in-house stock items are shipped via USPS Priority Mail; insurance is included for high-end items.
If you have any questions, please ask. Contact Us
Thank you,
Debora Nash, Owner / Fine Arts Artist
Debora Nash Designs